USPTO OFFICIALS HIGHLIGHT BACKLOG REDUCTION, AI TOOLS, AND ANTI-FRAUD EFFORTS
Yesterday USPTO Acting Commissioner for Patents VALENCIA MARTIN WALLACE and Acting Commissioner for Trademarks DAN VAVONESE told attendees at IPO’s IPOwners Spring Summit™ that the USPTO’s core operational priorities remain improving examination quality, reducing pendency, and deploying AI and automation tools responsibly to help examiners work more efficiently. WALLACE said the patents organization is hiring aggressively, bringing experienced examiners back into core examination roles, and revising examiner training to incorporate live casework earlier in the process as part of a broader effort to reduce unexamined inventory while maintaining quality. VAVONESE said the trademarks organization has reduced first-action pendency from more than eight months to about 4.5 months through hiring, workflow improvements, and automation, while also stepping up efforts to combat fraudulent filings.
Both officials emphasized that the USPTO’s use of AI tools is intended to assist, not replace, examiners’ judgment and said the agency is implementing extensive testing and guardrails before deploying AI systems in examination workflows. VAVONESE said the USPTO removed more than 60,000 fraudulent trademark applications and registrations from the register over the past year, while WALLACE said patents is building similar anti-fraud capabilities, particularly in design filings. Looking ahead, both officials said AI-enabled tools, improved application readiness, and continued collaboration with stakeholders and foreign IP offices are expected to have the greatest impact on USPTO operations over the next 12 to 18 months.
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**SECTION 337 DOES NOT REQUIRE AN EXACT ARTICLE TO FULFILL THE DOMESTIC INDUSTRY REQUIREMENT
Apple Inc. v. Int’l Trade Comm’n, 24-1285 — Yesterday in an opinion by Judge STARK, the Federal Circuit affirmed an International Trade Commission (ITC) determination that Apple violated 19 U.S.C. § 1337 by importing, selling, and offering for sale Apple Watch models that incorporated Masimo’s patents for wearable blood oxygen measurement devices. Apple argued the ITC improperly relied on a “hypothetical” Masimo Watch product to conclude that Masimo had satisfied the technical prong of the domestic industry requirement under Section 337, rather than the exact article identified in the complaint.
The Federal Circuit disagreed, finding Apple’s argument was not supported by the Tarriff Act or the Administrative Procedure Act (APA). Regulation 19 C.F.R. § 210.12(a)(9)(ix) did not require a complainant to identify “the exact physical article upon which it may ultimately rely throughout a § 337 investigation” but stated it was sufficient to rely upon “a representative article.” Masimo’s complaint met this standard by including visual depictions and representative embodiments of its watch product. The ITC was not required to confine its technical prong analysis to the specific product models Masimo had produced during discovery, but, under the Tarriff Act and the APA, could treat “such devices as representative embodiments of the broader domestic industry article they are found to reflect.” The APA did not prohibit the ITC from relying on circumstantial evidence to conclude the patent-practicing article had existed at the time Masimo filed it complaint, but allowed “[a]ny oral or documentary evidence” to be received during an agency adjudication.
(1 to 4 stars rate impact of opinion on patent & trademark law)
HOUSE IP SUBCOMMITTEE SCHEDULES USPTO OVERSIGHT HEARING WITH DIRECTOR JOHN SQUIRES
The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet will hold a hearing on “Oversight of the U.S. Patent and Trademark Office” on Tuesday, March 25 at 10:00 a.m. ET. The sole witness is, Under Secretary of Commerce for Intellectual Property and Director of the USPTO John Squires.
Members are expected to examine a range of issues affecting the Office, including patent examination backlog and quality, PTAB policies and discretionary institution practices, the agency’s use of artificial intelligence tools in examination, and potential changes to USPTO fee policy. The hearing will be held in Room 2141 of the Rayburn House Office Building and streamed on the committee website.
JOIN IPO EDUCATION FOUNDATION’S SPRING FUNDRAISING CAMPAIGN – DONATE BY MARCH 31
At yesterday’s IPOwners Spring Summit in Washington, DC, IPO Executive Director Jessica Landacre introduced IPO Education Foundation’s Spring campaign to raise $15,000 by March 31. Donate today – your donation directly expands access to IP education resources in 2026.
Your support allows IPOEF to reach more innovators by:
- Promoting IP Made Easy to more educators nationwide
- Expanding IP Buddy’s reach to more students and innovators
- Growing our Next Gen Innovators Toolkit in underrepresented communities
- Elevating awareness of IP’s role in driving innovation and prosperity
Every donor will be entered to win a complimentary ticket to the IPOEF Awards Celebration in December in Washington, DC. Join in and help IPOEF reach the next generation.
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COMMENTS FROM READERS, ETC.
“Limitation” — Readers questioned my preference for “limitation” over “element” when discussing patent claims. I prefer it because the Federal Circuit uses it. One reader said he cringes when he sees it. He’ll use “feature.”
“Fed. Cir.” — JEFF INGERMAN thought the abbreviation for “Federal Circuit” should be “F. Cir.” According to The Bluebook, however, it’s “Fed. Cir.”, perhaps inconsistent with the abbreviation for “Federal Reporter,” which is “F.” (and F.2d, F.3d, and F.4th ).
New Bluebook — The Harvard Law Review Association has published the 22nd edition of The Bluebook: A Uniform System of Citation. It’s the first revision since 2020. The details are reorganized but still mind-numbing.
“Occam’s Razor” — A reader said BRYAN GARNER distorted the historic meaning of the term by expanding it to cover legal writing and advocacy. That could be, but the policy of shaving away whatever is unnecessary is a good one in almost any context. See my March 6 column.
Suggestions for future columns are invited. Click on “Curmudgeon” at the bottom of this column for my email address. Click here for the Curmudgeon Archives.
Your friend,
The Curmudgeon