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This week on IPWatchdog Unleashed, I had the pleasure of speaking with Daren Tang, Director General of the World Intellectual Property Organization (WIPO). Our conversation spanned a range of topics, from the future of intellectual property (IP), to how intellectual property has been a force for helping humanity, to WIPO's strategic initiatives and the burgeoning impact of artificial intelligence (AI).

A central theme of our conversation was Tang’s fervent advocacy for intellectual property as a catalyst for global innovation and betterment of the human condition. 

 ”IP is about one of the most fundamental things about what it means to be human being,” Tang explained. “Which is to look at the world, imagine how it could be different and apply all tools and knowledge and energies to making that a reality. And IP is part of making, facilitating and enabling that. So, if we look at IP at the highest possible form in its highest broadest way, that's what it really is about. I mean, the laws and regulations and all that is important. Building up IP ecosystems is at its best about helping us as humanity. To shape the world and make it a better place. That's, that's why this mission is for me is, not to be cliched, but it's almost sacred in a way."

With enthusiasm, he recounted how WIPO has embraced its role as a facilitator of IP knowledge, and actively helping nations understand and leverage IP as a tool for economic growth. We also discuss next-gen technologies, particularly artificial intelligence (AI), and discuss why he is seeking a second term as WIPO Director General. 

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In this week’s IPWatchdog Unleashed podcast, we dive into the intricacies of patent enforcement with Scott McKeown, a partner with Wolf Greenfield and author of PatentsPostGrant.com. McKeown, who has a reputation as one of America’s top practitioners at the Patent Trial and Appeal Board (PTAB), shares insights into the continually evolving landscape of patents, patent litigation, PTAB challenges and regulatory and administrative upheaval at the United States Patent and Trademark Office (USPTO). We discuss the increase in discretionary denials under the Trump Administration, the fact that across all aspects of government it seems we are governing by memorandum, how what we are seeing at the USPTO now is a snap back from the past several years but won't last forever, the demise of the patent examiners union, and more.

At the end McKeown tells us " if you're asserting patents, it's a great time" because "the PTAB has been, been beaten down." He also wryly concludes that alleged infringers should probably " invest in some hotels in Texas and because it's going to be the Wild West down there for a couple years."

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In this week’s edition of IPWatchdog Unleashed, my conversation is with Clint Mehall, a partner with Davidson Kappel, LLC, and John Rogitz, who is managing attorney for Rogitz & Associates. Both are prominent voices in the patent world, and they also serve on our ad hoc IPWatchdog Advisory Committee. 

The purpose of our conversation was to explore the patent eligibility landscape, and particularly the August 4 memo on patent eligibility from Deputy Commissioner of Patents Charles Kim, which was sent to Technology Centers 2100, 2600 and 3600.  

The memo was labeled as a reminder on the proper evaluation of subject matter eligibility of claims under 35 U.S.C. 101. And it was also specifically stated that the “memorandum is not intended to announce any new USPTO practice or procedure and is meant to be consistent with existing USPTO guidance.” Notwithstanding, there does seem to be important new emphasis on the patent eligibility inquiry, and particularly on when rejections are appropriate. 

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In our latest edition of IPWatchdog Unleashed, host Gene Quinn welcomes back Patrick Kilbride, known to many throughout the industry for serving as the Senior Executive Vice President at the United States Chamber of Commerce's Global Innovation Policy Center for 15 years. Drawing from his extensive experience across corporate, university, and industry association sectors, Kilbride discusses the critical components required for a thriving innovation ecosystem and discusses the intricate balance needed between production capabilities and policy frameworks.

About a year ago Kilbride, a veteran in the trade and intellectual property policy communities, founded Kilbride Public Affairs, where he provides public policy advise, advocacy and education, with a focus on helping clients within the innovation ecosystem as they work to navigate the economics of innovation and intellectual property.

Kilbride recounted his transformative journey from skepticism about intellectual property—often regarded as a hindrance in trade agreements during his time as a U.S. Trade Representative during the George W. Bush administration—to becoming a staunch advocate for IP.  He argues for a system where novel work is protected by law, honoring the American founders' vision that property rights should be tied to labor.

Kilbride’s vision is clear: fostering an environment where innovation thrives and where the United States can lead to the leveraging intangible assets, including those assets that general accounting principles refuse to recognize. 

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Join us this week on IPWatchdog Unleashed as we welcome Ted Wood, a retired military officer, electrical engineer, business leader, and a patent attorney. In this episode, Ted shares his unique journey from his unexpected career in the military to becoming an accomplished patent attorney. Host Gene Quinn discusses Ted’s fascinating work in satellite communications, electronic warfare, and AI technologies, which ultimately lead him into the law and to become a patent practitioner. Ted also discusses the evolving role of AI in the patent industry, the challenges of adapting to new tools, and the importance of perseverance and hard work. The conversation is filled with insightful anecdotes and valuable life lessons for anyone interested in patent law, engineering, and the transformative power of AI. 

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This week on IPWatchdog Unleashed Gene interviews András Jókúti, Director of the Patent Technology Law Division at the World Intellectual Property Organization (WIPO). Gene and András discuss WIPO's three-year strategy on Standard Essential Patents (SEPs), why WIPO will be placing so much focus on SEPs over the next few years, the importance for WIPO to approach the task in a way that maintains neutrality, how WIPO plans to drive the conversation, bringing together implementers and innovators and those who are both implementers and innovators, fostering collaboration and cooperation, and also some of the substantively thorny issues presented by determining what is (and what is not) fair, reasonable and nondiscriminatory (FRAND). Gene and András also discuss the upcoming WIPO Global SEP Symposium. 

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This week on IPWatchdog Unleashed my conversation is with Kevin McNish, who is a registered patent attorney who represents clients in inter partes reviews (IPR), post-grant reviews (PGR), ex parte reexaminations, and other proceedings before the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO).

I invited McNish to join us for a conversation about PTAB practice and how it has evolved over the last several months, and to specifically discuss one of the more intriguing criteria being used by the USPTO to discretionarily deny institution of IPR challenges—the settled expectations of the patent owner. This factor takes into account the length of time a patent has been in force and not challenged. 

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This week on IPWatchdog Unleashed we have a conversation about one of the hottest topics not just in the intellectual property world, but one of the topics that everyone both inside and outside of government is discussing. The cost of prescription pharmaceuticals is higher in the United States than anywhere else in the world, and many in the United States—including President Trump—are fed up with this imbalance. 

So, we will set the record straight and explain what is really causing Americans to pay high drug prices. To accomplish this my conversation is with Corey Salsberg, who is Vice President and Global Head of IP Affairs for Novartis, which is one of the leading and most innovative biopharmaceutical companies in the world. We discuss the issues that matter for the pharmaceutical industry, including what and who is really responsible for higher drug prices in America. We discuss President Trump’s attempts to force most favored nation (MFN) pricing that would demand the U.S. pay no more than what other countries pay for drugs. And we also take a moment to discuss the recent tragic deaths of Malcolm Jamal Warner, Ozzy Osbourne, and Hulk Hogan, and the future of artificial intelligence (AI).

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This week on IPWatchdog Unleashed we explore the age-old question about whether it is best to keep an innovation as a trade secret or whether it makes sense to seek patent protection. And while this question is not one that is new, it is a question that has been getting more attention in recent years. And what I mean by that is this—it is hard not to notice that U.S. patents have been under siege for some time now. This has driven innovators into trade secret protection and away from patent protection in at least some technology fields. So, it is against this backdrop of increasing interest in trade secrets instead of patents that we had a conversation about how to determine whether to keep an innovation as a trade secret or to plow forward to seek patent protection.

Joining moderator Gene Quinn for this conversation are Carlo Cotrone, who is the former Chief IP Officer for Techtronic Industries who also spent time in the oil and gas industry as lead IP counsel for Baker Hughes. Today, Carlo is the founder and principal consultant for Quartal IP. Also joining the conversation is a former law school mate of mine, Arash Behravesh, who is Enterprise Counsel for the Chemistry & Supplies Division at Agilent Technologies, and Bryan Walker, who is Senior IP Counsel at 3M, where he has responsibility for developing and managing international patent portfolios, trade secrets, generative AI and more.

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This week on IPWatchdog Unleashed my conversation is with my friend Wen Xie. Many of you probably already know Wen. If you've been to IPWatchdog events, you've undoubtedly met her already, and you've heard her speak on our stage and in our webinars about various topics related to patent practice and procedure. 

Wen has more than a decade of experience as a U.S. patent attorney, and her specialty is with software and artificial intelligence (AI). She recently founded Lex Lumen Intellectual Property law firm, where she engages in representation with a client-centered focus that fuses digital modernity with a traditional patent practice. 

We begin our conversation by giving Wen an open mic opportunity to share her thoughts on the state of the industry, with me specifically asking:  What was on your mind as you drove to the studio today?

“You just asked me just now before we started filming, should we be afraid of AI,” Wen begins. “And my answer is there's no point in being afraid because it's coming… AI is coming in every profession, every technology."

After discussing Issac Asimov's three rules for robots, our conversation takes a turn toward innovation and patents. Can AI contribute originality at this point in its development that would be properly considered conception within the legal definition of inventing. We also discuss the importance of prompting, and how it can and should be used to streamline patent practice and drafting. 

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