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

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
As firms invest in scale, professional management and technology, trusted client relationships may become the competitive edge that cannot be automated
As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
Gift this article