IP Law Daily, AGENCY NEWS: USPTO Director nominee’s responses to Senate panel questions highlight incorporating AI, combatting foreign actors behind patent litigation, (Jun 6, 2025)

By Robert Margolis, J.D.

John Squires’ written responses followed up on his live testimony before the Committee on May 21.

Addressing Senators’ questions about poor quality patents, the backlog of patent applications under review at the USPTO, concerns about patent litigation being financed by foreign actors, and understaffing at the USPTO, John A. Squires, the Trump Administration’s nominee to be Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office, asserted he believes artificial intelligence (“AI”) tools and achieving “born strong” patents can help in all stages of the patent examination process to improve efficiency and outcomes, and that he is committed to combatting the use of patent litigation, particularly by foreign actors, as a tool to impede American innovation. Squires, a partner at the law firm Dilworth Paxson, submitted written responses (dated May 28) to questions posed by Senate Judiciary Committee members, as a supplement to his May 21 live testimony before the Committee. At the Committee’s Executive Business Meeting on June 5, 2025, the vote on Squires was held over to a later date pursuant to a committee rule.

Use of AI. Squires stated that he sees “leaning-in to AI can help at all stages [of the patent examination process] insofar as patent quality.” He believes “best-in-class AI software should be evaluated as an adjunct to assist the Patent Examiners’ evaluation of whether a patent application satisfies patentability standards,” noting that “the private sector increasingly uses AI software to find invalidating prior art.” He vowed to “work with the USPTO and stakeholders to develop our own playbook to utilize generative AI tools to allow examiners to spend less time on tedious repetitive tasks that slow down review processes.”

A particular problem Squires identified as contributing to low-quality patents being issued is the introduction of prior art too late in the patent review process, often not until raised in challenges by third parties. He noted how AI when used by examiners can help introduce prior art earlier in the process, which could improve patent quality. It can also make the application and review process more efficient, he noted.

Patent backlog. Several Senators expressed concern about the backlog at the USPTO, with Senator Charles Grassley noting the current backlog stands at 800,000 cases and it takes more than two years from filing until final disposition. Squires agrees the backlog is a problem, and posited several steps to address it.

Squires stated the USPTO should comprehensively review its processes, in connection with the United States Trade Representative, “to identify and eliminate from the system cases, especially foreign-filed cases, that are overburdening the system.” He also suggested that “[s]ome applicants could self-elect with petitions to suspend examination for six months, especially with large portfolios of broad ranging patents and there may be incentives attendant to do that.” He also would consider hiring additional examiners as well as using AI tools in the examination process to improve efficiency. AI could, according to Squires, increase efficiencies and minimize the effect of recent departures of patent examiners, as well as the effect of the cancellation of subscription services that examiners had been using. “I believe equipping Examiners with productivity tools, such as AI can alleviate staffing concerns,” Squires noted.

Foreign cases. Squires called it “unacceptable” that “foreign rivals” can bankroll lawsuits against U.S. companies to gain access to American technology. He noted that federal courts have disclosure requirements and must notify the USPTO of parties in interest in patent lawsuits. He supports implementing similar transparency requirements in PTAB proceedings. If confirmed, he plans “to bring the full weight of the office to require transparency,” in particular, to review the national security implications of foreign involvement in patent litigation.

“Born strong” patents. Senator Adam Schiff asked if Squires believes that approximately 68 out of every 100 U.S. patents currently in force are defective. Squires responded that he did not believe that, as the statistics from where that number came concerned the patents that were subject to claim cancellation proceedings at the PTAB, which is a small subset of all patents issued. However, he agreed that “errors of all types should be avoided,” and that identifying and applying prior art at the early stages is key to achieving patents that are “‘born strong’ beginning with the original patent grant.” He is concerned about errors that contribute to weak patents being issued, as well as “errors in not granting patent claims that rightly should issue,” and noted it benefits society when the process results in patents that are “born strong.” He reiterated a commitment “to working with stakeholders, the USPTO and Congress to improve patent quality on the front end and mechanisms for achieving such.”

News: AINews Patent TechnologyInternet USPTO GCNNews