Elizabeth Manno and Manny Caixeiro published “The Trump administration's approach to patent rights and enforcement comes into focus” in Westlaw Today. The following is an excerpt:
Venable LLP attorneys Manny Caixeiro and Elizabeth Manno analyze the current political atmosphere for patent practitioners and speculate on the effects of potential administrative and legislative changes.
In its first few months, the second Trump administration has pursued policies that impact technology companies and other innovators. These include using tariffs to restrict the import of foreign goods, shrinking parts of the government, and promoting deregulation in energy, artificial intelligence, cybercurrency, and other sectors. These policies were among President Trump's campaign promises — so they were not a major surprise.
What was less clear from the campaign, however, was the Trump administration's view of patent rights and the enforcement of those rights. Several months into the new Trump administration, the government's objectives are becoming clearer. The political winds are blowing in favor of more robust patent enforcement policies — including, notably, through non-practicing entities (NPEs) and litigation funders.
The executive branch is not alone in this effort. There are multiple bipartisan bills pending in Congress that promote and strengthen patent enforcement and could especially benefit NPEs. Patent holders and litigation defendants alike would be wise to recognize these trends and take steps to best position themselves to prepare for an increase in aggressive patent litigation that may be on the horizon.
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