During his Senate confirmation hearing, John Squires, President Trump's nominee to lead the USPTO, expressed his intention to enhance patent quality, noting a staggering 68% defect rate in patents. He emphasized the need for patents to be 'born strong' to address the high percentage of patents deemed defective after review. This was a surprising viewpoint, especially when responding to concerns about the PTAB allegedly favoring large tech companies and invalidating valid patents, indicating that the primary issue is the quality of patents issued by the USPTO itself.
If you look at the data, the concerns are in plain sight; IPRs have a 68% defect rate; if the American patent system was a factory, 68% of the products we put out are found defective in a later proceeding.
Squires' focus will be on making sure patents are 'born strong' to address the alarming rates of defective patents issued by the Office.
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