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Managing IP Winter 2021 is now live

Kathi Vidal, who has been nominated for the USPTO director role

Read about Kathi Vidal, AI legal decisions, trademark piracy in China, and much more in our digital-only quarterly

To access the issue, click here

A new era beckons at the USPTO as Kathi Vidal, managing partner of Winston & Strawn’s Silicon Valley office, looks set to become the office’s next director. She would be just the second woman to have held the role in more than 200 years.

However, we are being made to wait – Vidal may have been nominated by President Joe Biden, but she won’t be confirmed until the Senate says so. At the time of writing, that date is unconfirmed, and in the meantime the USPTO remains without a permanent leader despite the capable efforts of acting director Drew Hirshfeld, who is also patents commissioner.

With former director Andrei Iancu having departed in January 2021, it could be at least a year before we know whether Vidal will be the next director. That seems far too long.

Nonetheless, she would be a strong pick, at least according to the lawyers we have spoken to. Her leadership, managerial and litigation prowess will stand her in good stead for the role, our sources say, with one even describing her as a “powerhouse”.

That’s not to say, of course, that there won’t be challenging times ahead (assuming she is confirmed). Her biggest challenge will be managing the political turmoil surrounding discretionary denials at the Patent Trial and Appeal Board and the director review mandate set out by the Supreme Court in US v Arthrex. She may also have to manage the implementation of the Restoring the America Invents Act, should it be enacted by Congress.

You can read more about Vidal’s nomination and the road ahead in the cover story of this issue, which is our first digital-only quarterly. As you may be aware, we announced in October that we would no longer be printing magazines and would instead focus on fully digital products. There were a number of reasons for this change, not least the environmental concerns associated with printing and distributing publications globally.

Having said that, we are still able to offer this excellent issue in PDF form – and beyond the cover story mentioned above, you can find an array of expert analysis articles as well as the usual local insights updates from around the world. We hope you enjoy all of the content we have to offer.

Our next issue will be published in early 2022. The big question, though, is will we have a new USPTO director by then?

 

more from across site and SHARED ros bottom lb

More from across our site

The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
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