Clause 8

Recent changes at USPTO are increasingly shaping the context in which Congress considers potential patent legislation.In the latest episode of Clause 8, the focus turns to how the USPTO’s evolving approach to post-grant proceedings at the PTAB is shaping the broader patent policy debate—and influencing what Congress may (or may not) do next.The episode features David Jones, Executive Director of the High Tech Inventors Alliance (HTIA) and a longtime Clause 8 favorite, alongside Jeffrey Hantson, a former patent litigator and senior Senate Judiciary Committee staffer who most recently served as Deputy General Counsel to Sen. Dick Durbin after advising Sen. Mazie Hirono on IP issues. Dave and Jeff first crossed paths during the pre-pandemic Section 101 roundtables, and the episode captures their fun, wonky back-and-forth dynamic.A central theme is whether the USPTO’s recent moves on IPR institution—including its Notice of Proposed Rulemaking (NPRM)—create an opening for Congress to strike a bargain, or instead make legislative compromise harder. Dave and Jeff explore how the introduction of settled expectations, Director John Squires reclaiming institution authority, and broader institution trends are reshaping the conversation around proposals such as the PREVAIL Act.Jeff frames the core tension in familiar terms for staffers and stakeholders: at some point, should the USPTO be done reassessing a patent’s validity? Dave, for his part, is skeptical that legislation is the answer when the agency is (in his view) drifting from what was envisioned when Congress created the PTAB under the America Invents Act (AIA).The conversation also explores why PREVAIL advanced further than PERA in the last Congress, why PTAB reform is often easier to grasp on Capitol Hill than Section 101 eligibility, and why Sen. Thom Tillis’ likability—and impending retirement—may matter more than most people realize.Set against a backdrop of shifting IP leadership on Capitol Hill and mixed administrative signals on patents, the episode offers a candid look at where patent policy may be headed—and what it would take to change course.🎧 Watch the full episode or listen on your favorite podcast app—and subscribe to the new Clause 8 YouTube channel for bonus content.From the archives:* Iancu and Jones Debate Section 101: https://www.voiceofip.com/p/iancu-and-jones-debate-section-101* HTIA’s David Jones on Winning in DC: https://www.voiceofip.com/p/htias-david-jones-on-winning-in-dc-335* 📌 Sponsored by Tradespace – where ideas take flight.Disclaimer This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

At the Via Licensing Alliance’s Bridge Summit 2025 in San Francisco, Clause 8 host Eli Mazour sat down with two leaders who ushered in the modern age of patent pools: Garrard Beeney, founder of Sullivan & Cromwell’s IP practice, and John Sideris, Principal Licensing Counsel at Philips.Their conversation traces the evolution of patent pools — from the early days of MPEG LA and antitrust uncertainty to today’s complex, global licensing ecosystem.Garrard Beeney recalls how early skepticism toward joint licensing eventually gave way to an appreciation of how collaboration between innovators can expand access, reduce friction, and drive technological growth. He warns, however, that increasing regulatory interference — particularly in Europe — risks undermining a system that largely works.John Sideris brings the perspective of a major technology innovator. He discusses how Philips built a licensing culture that values both innovation and fairness, explaining why patent pools remain one of the most efficient and balanced ways to manage IP rights. He also shares a rare insider view into how companies factor intellectual property costs into product development — and why responsible licensing keeps the innovation cycle healthy.Together, their insights offer a window into how markets, not mandates, can sustain innovation — and why listening across the licensor-licensee divide remains essential for the future of IP.🔔 Listen now via the Clause 8 Podcast📌 Sponsored by TradeSpace – where ideas take flight🖋️ Subscribe to Voice of IP for more in-depth conversations on patents, licensing, and innovation. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

When I first heard about Lisa Ascolese, known as “The Inventress,” I knew I wanted to bring her story to Clause 8.Lisa’s path into inventing began after her family moved to Brooklyn, New York, where her creativity and curiosity found room to grow. She started inventing at a young age, driven by the simple desire to solve everyday problems. That curiosity evolved into a lifelong passion for turning ideas into reality. Her first major success—the Bosom Buddy breastfeeding cape—opened doors to retail shelves, QVC appearances, and a deep understanding of what it truly takes to bring a product to market.Thanks for reading Voice of IP! Subscribe for free to receive new posts and support my work.In our conversation, Lisa and I talk about what inventors often learn the hard way: that success requires persistence, self-belief, and an understanding of both patents and business. She shares how she built Inventing from A to Z, a company that helps independent inventors navigate everything from concept to commercialization, and why she tells every creator:“A patent doesn’t sell your product—you do.”Lisa also offers insights for patent attorneys—encouraging them to ask inventors where they see their product being sold before diving into legal protection. Her perspective bridges the gap between invention and entrepreneurship, showing how passion and practicality go hand in hand.For anyone ready to turn ideas into impact, Lisa’s story is both inspiring and instructive. Her new book, “The Inventress’s Guide to Inventing The Right Way: All Or Nothing, Now Or Never”, is an essential companion for creators determined to make their vision real.🎧 Listen to the Full Episode now on YouTube here 📌 Sponsored by Tradespace – where ideas take flight. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

Tech transfer has long been a critical but often overlooked part of the intellectual property system. For decades, the Bayh-Dole Act has guided how federally funded research moves from university labs into the marketplace. The system has generated hundreds of thousands of inventions and startups — and, as Laura Peter notes, led to nearly $2 trillion in economic growth through tech transfer. While widely regarded as a success, new march-in rights and “patent revenue sharing” proposals from policymakers seek to change that.In this episode of the Clause 8 Podcast, Eli spoke with Laura Peter, former Deputy Director of the USPTO in the first Trump administration and current Executive Director of Research Commercialization and Partnerships at UNC Charlotte. With experience in Silicon Valley, government, and academia, Laura brings a unique perspective to the challenges and opportunities facing tech transfer today.They cover:* How Laura first met Andrei Iancu — and how that led to her appointment as Deputy Director when he was chosen as the Director of the USPTO.* Lessons learned working in the first Trump administration about what to expect on the IP policy front this time around.* The distinct role patents play for startups versus large companies.* The lasting impact of the Bayh-Dole Act and how it reshaped tech transfer.* How funding cuts, private investment pressures, and PTAB swings are affecting university research.* Laura’s observation that proposals from the last administration to seize IP rights to lower drug prices haven’t been rescinded — and what that could mean for future policy.Why it mattersThe Bayh-Dole framework has been a cornerstone of U.S. innovation for more than forty years. Changes to how federally funded research is commercialized — whether through funding cuts, new government claims on patents, or expanded march-in rights — could redefine the balance between universities, startups, and industry. Laura’s perspective highlights not only the risks and opportunities, but also how unresolved policy proposals on government seizure of IP could reshape future debates.🎧 Listen to the full episode on YouTube or wherever you get your podcasts.📌 Sponsored by Tradespace – where ideas take flight.🔔 Subscribe to the Clause 8 Podcast for more conversations on IP and innovation.👉 Should the government play a bigger role in how university research is commercialized? Share your thoughts in the comments. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

From Coke Morgan Stewart’s decisive actions at the USPTO, to Commerce Secretary Howard Lutnick’s unexpected “patent tax” trial balloon, to the ongoing Federal Circuit drama — it felt impossible to figure out where to start telling the story. The only way to make sense of it all was to bring in three of our favorite journalists who cover these issues every day:* Eileen McDermott, Editor-in-Chief of IPWatchdog* Dani Kass, Senior Reporter at Law360* Michael Shapiro, Senior Reporter at BloombergTogether, we unpacked the biggest developments, why they matter, and how they’re being covered — with behind-the-scenes stories and candid insights about what it’s like to report on patents and IP.What We CoveredUSPTO’s New Direction* Coke Morgan Stewart’s rapid moves as acting director — especially at the PTAB* How she’s balancing speed, decisiveness, and practical limitsPatent Tax Story* The Wall Street Journal report on a possible tax on patent value* Lutnick’s role and Stewart’s public comments walking a fine lineChoosing a USPTO Director & John Squires* Breaking news about John Squires’ nomination and confirmation process* Early signals of what he’ll prioritize as directorFederal Circuit & Judge Newman* How practitioner tips shape coverage of the court* Judge Pauline Newman’s saga — and what it’s like getting to know her personallyOn the Hill* Tillis, Coons, and the shifting dynamics in Congress* Prospects for PERA (101), PREVAIL (PTAB), and RESTORE (injunctions)Copyright & AI* The firing of Shira Perlmutter as head of the Copyright Office* Pushback against the office’s AI guidanceBehind the Notebook* How these reporters choose stories and what they wish got more attention* Why they love covering the IP community, despite all the complexities* Impact of judges, public officials, and Bloomberg terminal users following their coverageThe discussion reveals how much these journalists shape — and are shaped by — the IP world itself. They’re not just reporting on it; they’re in constant dialogue with practitioners, policymakers, and innovators who live with these changes every day. Judges read their work, practitioners feed them stories, and policymakers react to their reporting.Chapters00:00 – Welcome & Guest Intros01:23 – What’s your vantage point in the IP world?17:53 – How do you decide what’s worth covering in IP news?22:49 – What’s the mood in the patent community right now?32:33 – The proposed ‘patent tax’: threat or opportunity?38:02 – The politics behind selecting a USPTO Director54:21 – Final thoughts and advice for the IP communitySubscribe & Support on YouTubeClause 8’s new season is recorded from our brand-new studio — and, for the first time, every episode will be available in video. If you’d like to support the show and catch all the new video content, please subscribe for free on YouTube so we can reach even more people interested in the IP story. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

What is the actual value of patents? Inventors and companies invest millions in obtaining patents, believing they are valuable assets. Yet, their true worth is rarely quantified.For this episode of Clause 8, Eli Mazour brings together three of the most insightful experts in the patent valuation space: Michal Malkovich, Vice President at Charles River Associates; Alejandra Loaiza Delgado, Co-Founder and Managing Director at Econ Edge; and Mike Pellegrino, President and Founder of Pellegrino & Associates.Throughout this discussion, you’ll notice that despite their different experiences and perspectives, they share one goal: getting to the truth about patent valuation. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

Kathy Duda is the President of The Patent Office Professional Association (POPA), which is the union representing USPTO patent examiners. On this episode, she discusses why she remains hopeful amidst current uncertainty around new return to office policies.In the episode, she also discusses:*Positive collaboration with Acting Director Coke Morgan StewartGetting first involved with POPA after it helped her during her pregnancyNegotiating the first collective bargaining agreement (CBA) with the USPTO in 40 yearsWhy she’s not getting a whole lot of sleep recentlyExaminers waiting for finality regarding decisions about being able to continue to work remotelyRecord backlog reached at the USPTO during last administration & work to bring it downImpact of AI & what examination might look like in 30 yearsDisclaimer This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

In this special episode of Clause 8, Eli shares why Coke Morgan Stewart is the perfect person to lead the USPTO. Eli discusses why her selection excites him and the broader implications for the intellectual property field. Reflecting on past directorships and the challenges faced by the USPTO, Eli explores issues such as patent backlogs, Section 101 rejections, and PTAB policies. Highlighting Stewart's experiences and skills, Eli shares his optimism for positive changes under her leadership. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com