Last week, the American Intellectual Property Organization (AIPLA) and Intellectual Property Owners Association (IPO) sent a letter to Sen. Chuck Schumer (D-NY), the Senate Majority Leader, and Sen. Mitch McConnell (R-KY), the Senate Minority Leader, to "urge the U.S. Senate to move swiftly to confirm" Kathi Vidal, the Managing Partner of Winston & Strawn's Silicon Valley office, as the next Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office. In their letter, the AIPLA and IPO declared that Ms. Vidal (at right) has "a sterling resume and is abundantly qualified for this position."
The AIPLA and IPO also noted that "[t]his critical position has been vacant of long-term leadership for more than a year" (406 days as of March 2, 2022). Former USPTO Director Andrei Iancu held the position until January 20, 2021, when Joe Biden was sworn in as the 46th President. President Biden nominated Ms. Vidal for Under Secretary of Commerce for Intellectual Property and USPTO Director on October 26, 2021. Ms. Vidal's confirmation hearing was held on December 1, 2021 and the Senate Judiciary Committee voted 17-5 on January 12, 2022 to forward her nomination to the full Senate.
Noting that "the intellectual property system is critical to the U.S. economy and a foundation of U.S. leadership in innovation and technological advancement," the AIPLA and IPO asserted that "[t]he appointment of a qualified Director to lead the agency is particularly important to U.S. innovation." The IP associations also argued that "[t]he lack of a presidentially appointed and Senate-confirmed Director hampers the agency's ability to effect policy and fully support stakeholders in the innovation ecosystem."
