Brinckerhoff Comments on Former USPTO Director’s Pro-Patentee Legacy

Partner Courtenay Brinckerhoff was quoted in the Law360 article, “Iancu Leaves Pro-Patentee Legacy As USPTO Director,” about former U.S. Patent and Trademark Office Director Andrei Iancu, who stepped down after nearly three years on the job.

On the topic of patent eligibility, Iancu took steps to provide more clarity on how patent examiners review whether applications cover patent-eligible inventions. Bronckerhoff told Law360 that the result has been that examiners and the PTAB are now on the same page on eligibility, with a consistent rubric that makes outcomes more predictable. She added, “The most impactful thing for my practice is his efforts on the patent eligibility morass that the courts have created…. He really took a strong position on establishing guidelines for the examiners to apply.”

“Having consistent standards gives you certainty. Whether it’s certainty that you know you won’t get anywhere or certainty that you should, at least stakeholders know where they stand with different inventions,” Brinckerhoff said.