On March 10, 2025, President Donald Trump nominated John Squires to serve as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Squires brings decades of experience in intellectual property (IP) law, having worked both in private practice and corporate settings. Notably, he was Chief IP Counsel at Goldman Sachs from 2000 to 2009 and is currently a partner at Dilworth Paxson LLP, where he chairs the Emerging Companies and IP practice. His nomination has raised questions about how he will handle key issues such as patent eligibility, post-grant proceedings before the Patent Trial and Appeal Board (PTAB), and patent infringement enforcement.

One of the most closely watched areas under Squires' leadership will be patent eligibility under 35 U.S.C. § 101. Over the past decade, Supreme Court decisions such as Mayo Collaborative Services v. Prometheus Laboratories, Inc., Alice Corp. v. CLS Bank International, and Association for Molecular Pathology v. Myriad Genetics, Inc. have significantly narrowed the scope of what is patentable, particularly in the fields of software, biotechnology, and financial services. Squires has a history of supporting a broader interpretation of patent eligibility. In 2008, he co-authored an amicus brief in Bilski v. Kappos, arguing for expansive patent eligibility, particularly for financial services and banking technologies. Given this stance, it is likely that he will advocate for policy changes or guidance that seek to reverse or mitigate the impact of these Supreme Court rulings, potentially making it easier for businesses to secure patents in areas currently viewed as abstract or non-patentable subject matter.

Squires' perspective on the Patent Trial and Appeal Board (PTAB) will also be a critical issue. The PTAB, established by the America Invents Act (AIA) in 2012, provides a mechanism for challenging patent validity through inter partes review (IPR) and post-grant review (PGR) proceedings. While the PTAB has been praised for weeding out weak patents, it has also been criticized for being overly favorable to patent challengers. Squires has historically supported the existence of efficient mechanisms to challenge patent validity. In 2007, he testified before the Senate Judiciary Committee in favor of patent reform measures that ultimately laid the groundwork for the PTAB's creation. This history suggests that while he is unlikely to push for the PTAB’s dismantling, he may seek to implement procedural reforms that balance patent holder rights with the need to prevent patent abuse. He could advocate for adjustments in the PTAB’s discretionary denial authority, modifying institution rates, or refining estoppel provisions to ensure fair outcomes for all stakeholders.

Patent enforcement will also be a major focus of Squires’ tenure. As someone with experience in both patent prosecution and litigation, he has a comprehensive understanding of the challenges faced by patent owners and accused infringers. His tenure at Goldman Sachs exposed him to the financial risks associated with patent litigation, particularly in technology-heavy industries. While his specific views on patent infringement enforcement remain unclear, his background suggests that he may advocate for policies that protect legitimate patent rights while discouraging abusive litigation tactics. This could involve supporting reforms that provide greater clarity on damages calculations, injunction standards, and venue rules in patent cases. Additionally, given the Biden administration’s prior focus on curbing standard-essential patent (SEP) abuse and patent trolling, Squires may continue some of these initiatives or modify them to reflect a more industry-friendly approach.

Another pressing issue that Squires will likely address is the patent application backlog at the USPTO. The agency has long struggled with significant delays in examining patent applications, with average pendency times exceeding two years. These delays can be particularly detrimental to startups and emerging companies that rely on timely patent protection to attract investors and bring new technologies to market. Squires has previously expressed concerns about inefficiencies in the patent examination process and has advocated for streamlining review procedures. As USPTO Director, he may push for hiring additional patent examiners, improving examiner training programs, and expanding initiatives like the Track One prioritized examination program to reduce backlog and ensure faster patent issuance.

Overall, John Squires’ nomination signals a potential shift in USPTO policy towards more business-friendly patent eligibility standards, a balanced approach to PTAB reforms, and refined enforcement mechanisms that discourage abuse while protecting patent holders. His corporate background suggests that he may prioritize efficiency and clarity in the patent system, which could be beneficial for companies seeking stronger IP protection. However, his approach will likely draw scrutiny from both industry stakeholders and policymakers who have differing views on the proper balance between innovation incentives and patent quality. His confirmation and subsequent policy decisions will be pivotal in shaping the future of U.S. patent law.

Sources:

1. Reuters, Trump nominates ex-Goldman Sachs lawyer to head US patent agency (March 11, 2025), available at https://www.reuters.com/legal/government/trump-nominates-ex-goldman-sachs-lawyer-head-us-patent-agency-2025-03-11.

2. United States Supreme Court, Bilski v. Kappos, 561 U.S. 593 (2010).

3. United States Senate Judiciary Committee Hearing on Patent Reform, Testimony of John Squires (2007).