Teresa Stanek Rea: USPTO “in the eye of a hurricane”
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Teresa Stanek Rea: USPTO “in the eye of a hurricane”

USPTO acting director Teresa Stanek Rea yesterday criticised the breakdown in budget negotiations between Democrats and Republicans as “a sad and stark contrast” to bipartisan cooperation on the America Invents Act

“We are living in interesting times,” said Rea, in a speech to attendees at the AIPLA Annual Meeting. “That is the polite way of putting it, anyway, when I think about the heightened partisan rhetoric in Washington this year, and over the past few weeks in ­particular.”


The USPTO has suffered directly from the political standoff in the form of budget sequestration, which requires the Office to give 5% of its income, or $150 million, to the US Treasury. It has also faced challenges including the departure of former Director David Kappos in January and Rea’s recent announcement of her own intention to resign.


Rea did not talk about her decision to leave the USPTO, which she revealed in an email to colleagues last month. But she said “ideological fault lines” and “differing business models” pose “the same risk of paralysis” in IP debates as has recently been seen in Congress.


“We are all caught in the swirling winds of a never-ending hurricane that is the IP policy debate,” said Rea, adding that the USPTO “sits in the eye of that hurricane.”


She added that despite the setbacks, the Office has continued to reduce the patent backlog since former director David Kappos left in January. The backlog now stands at 586,000, down 18% since 2009 despite a continued growth in filings, which were up 7% this year.


Rea said the Office is making progress on Obama’s five Executive Actions, which the White House announced in June. Four of the them will be implemented through the USPTO. She said revised guidance and training has been provided to examiners on how to identify a means-plus-function ­limitation.


The USPTO is also working on international harmonization with IP offices in Europe, China, Japan and Korea. In January 2014, the Offices will launch a pilot program called IP5 PPH (Patent Prosecution Highway), which will allow fast-track examination in one office after another has found one or more claims allowable.


She said attendees should “stay tuned” for new rules based on public comments the USPTO has previously received on patent trolls’ ability to mask their identity through shell companies.

more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Gift this article