Recent changes at USPTO are increasingly shaping the context in which Congress considers potential patent legislation.
In the latest episode of Clause 8, the focus turns to how the USPTO’s evolving approach to post-grant proceedings at the PTAB is shaping the broader patent policy debate—and influencing what Congress may (or may not) do next.
The episode features David Jones, Executive Director of the High Tech Inventors Alliance (HTIA) and a longtime Clause 8 favorite, alongside Jeffrey Hantson, a former patent litigator and senior Senate Judiciary Committee staffer who most recently served as Deputy General Counsel to Sen. Dick Durbin after advising Sen. Mazie Hirono on IP issues. Dave and Jeff first crossed paths during the pre-pandemic Section 101 roundtables, and the episode captures their fun, wonky back-and-forth dynamic.
A central theme is whether the USPTO’s recent moves on IPR institution—including its Notice of Proposed Rulemaking (NPRM)—create an opening for Congress to strike a bargain, or instead make legislative compromise harder. Dave and Jeff explore how the introduction of settled expectations, Director John Squires reclaiming institution authority, and broader institution trends are reshaping the conversation around proposals such as the PREVAIL Act.
Jeff frames the core tension in familiar terms for staffers and stakeholders: at some point, should the USPTO be done reassessing a patent’s validity? Dave, for his part, is skeptical that legislation is the answer when the agency is (in his view) drifting from what was envisioned when Congress created the PTAB under the America Invents Act (AIA).
The conversation also explores why PREVAIL advanced further than PERA in the last Congress, why PTAB reform is often easier to grasp on Capitol Hill than Section 101 eligibility, and why Sen. Thom Tillis’ likability—and impending retirement—may matter more than most people realize.
Set against a backdrop of shifting IP leadership on Capitol Hill and mixed administrative signals on patents, the episode offers a candid look at where patent policy may be headed—and what it would take to change course.
🎧 Watch the full episode or listen on your favorite podcast app—and subscribe to the new Clause 8 YouTube channel for bonus content.
From the archives:
Iancu and Jones Debate Section 101: https://www.voiceofip.com/p/iancu-and-jones-debate-section-101
HTIA’s David Jones on Winning in DC: https://www.voiceofip.com/p/htias-david-jones-on-winning-in-dc-335
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