Oversight of the U.S. Patent and Trademark Office

Small Business Administration OversightHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet · March 25, 2026 · 119th Congress
The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held this oversight hearing with USPTO Director John Squires to examine the office's implementation of AI patent policy, a proposed rule restricting serial Patent Trial and Appeal Board (PTAB) challenges, staffing and morale problems, and the relocation of the Southeast Regional Outreach Office. Begins at ▶ 0:04:39
Transcript
Highlights

Title

USPTO oversight hearing on AI patents, PTAB reform, and Trump's "Board of Peace" trademark

Purpose

The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held this oversight hearing with USPTO Director John Squires to examine the office's implementation of AI patent policy, a proposed rule restricting serial Patent Trial and Appeal Board (PTAB) challenges, staffing and morale problems, and the relocation of the Southeast Regional Outreach Office. Much of the hearing also focused on the USPTO's unusual filing of trademark applications on behalf of President Trump's "Board of Peace." Begins at▶ 0:04:39.

Who spoke

• Chair Darrell Issa (R-CA)▶ 0:04:39: Opened by praising Director Squires' AI patentability guidance and conflict-of-interest reforms▶ 0:06:25▶ 0:12:17; warned that PTAB vacancies (roughly 80 of 280 examiner slots) and a rising discretionary-denial rate threaten patent quality and predictability▶ 0:14:20▶ 0:14:45; closed the hearing by questioning the director's authority to retroactively unwind near-final PTAB decisions▶ 2:06:32.

• Ranking Member (subcommittee) Rep. Johnson▶ 0:27:21: Said this was the first time in his experience a USPTO director appeared not to be acting independently of the president▶ 0:28:15; criticized layoffs, weakened collective bargaining, and the cancellation of the Atlanta Southeast regional office in favor of USPTO headquarters▶ 0:29:11▶ 0:30:20; later pressed Squires on the specific causes of a 13.8% employee satisfaction rate▶ 0:57:42 and the lack of a public search process for the Southeast office move▶ 1:01:15.

• Chairman Jim Jordan (Full Committee)▶ 0:33:43: Briefly thanked the chair and witness for the hearing.

• Ranking Member Jamie Raskin (Full Committee)▶ 0:34:13: Argued the USPTO's filing of trademark applications for the "Board of Peace" makes the agency a "straw trademark holder" shielding an unaccountable entity funded partly by foreign governments including Saudi Arabia and Qatar▶ 0:35:41▶ 0:36:45; said the filing itself is an admission the Board of Peace is a commercial, not governmental, entity under the Lanham Act▶ 0:37:46; in a second round pressed Squires on who authorized the filing, the $350 fee waiver granted the day after it was requested, and whether Squires was acting as the Board's legal representative▶ 1:10:51▶ 1:15:28▶ 1:16:37.

• Director John Squires, USPTO▶ 0:45:57: Framed the USPTO as America's "central bank" of intellectual property, citing a 50,000-application backlog reduction with 100,000 more planned▶ 0:48:42; touted new AI tools including an agentic trademark classification tool and a patent prior-art search assistant▶ 0:49:07▶ 0:49:29; defended the Board of Peace filings as a custodial anti-cybersquatting measure under 35 U.S.C. §3, not representation of the president▶ 1:11:22▶ 1:17:42; said the pending PTAB rule ("one join and done") drew over 11,800 comments, about 2,800 substantive▶ 1:08:51.

• Rep. Thomas Massie (R-KY)▶ 0:51:21: Endorsed Squires' PTAB discretion but argued elections, not fixed law, should drive policy shifts▶ 0:52:46; said PTAB uncertainty is pushing inventors toward trade secrets instead of patents▶ 0:55:01; later asked about patent injunctive relief, prompting Squires to cite the Restore Act and the "hodgepodge" of post-eBay district court rulings▶ 1:36:36▶ 1:38:32.

• Rep. [Wisconsin]▶ 1:04:32: Asked whether state-sponsored entities like Huawei pose a national security threat via patent litigation▶ 1:04:45; raised concerns about the Patent Prosecution Highway effectively rubber-stamping Chinese-examined applications▶ 1:06:18; cited AIPLA data that district court patent litigation averages $5 million versus about $500,000 for PTAB, and asked whether the IPR rule accounted for those cost shifts▶ 1:08:21.

• Rep. [Virginia], Mr. Klein▶ 1:21:40: Cited Yangtze Memory Technologies' use of discovery against Micron to extract sensitive trade data and asked about transparency for foreign-backed litigation funding▶ 1:21:40; noted non-practicing-entity district court filings rose 18.7% in 2025 and that Huawei, BOE, Tencent, and CATL rank among top patent recipients▶ 1:23:27; flagged that certified-copy processing for foreign trademark priority now exceeds three months versus a 7-day goal▶ 1:25:16.

• A member from California▶ 1:28:16: Asked whether Squires intends to keep discretionary institution authority centralized in the director rather than a three-judge PTAB panel, calling his answer "a maybe"▶ 1:28:52▶ 1:29:14; noted bare two-page denials lack written reasoning and entered a letter from industry groups opposing current practice▶ 1:29:54▶ 1:31:20; in a later round on IPR basics, got Squires to confirm foreign state actors collectively would rank as the fourth-largest PTAB filer group▶ 1:53:14.

• A member from Texas▶ 1:34:03: Asked about an IPR involving VLSI's patent (asserted on behalf of NXP) challenged by little-known entities OpenSky and PQA, noting Director Vidal had called it an abuse of process▶ 1:34:22▶ 1:34:48; asked what Congress could do to improve predictability across administrations, prompting Squires to cite the value of continued fee-setting authority, including during a 43-day government shutdown▶ 1:35:46▶ 1:36:16.

• A member from North Carolina▶ 1:39:00: Described repeated serial IPR/district-court challenges forcing small patent holders to settle▶ 1:40:11; asked about reports of a "value-based patent tax," which Squires said was never under consideration▶ 1:43:09▶ 1:43:37.

• A member from Florida▶ 1:44:19: Asked how limiting PTAB access affects small businesses sued over off-the-shelf technology like Wi-Fi or point-of-sale systems▶ 1:44:48; asked Squires to detail the ASAP AI prior-art pilot program and human-in-the-loop safeguards▶ 1:46:31▶ 1:47:11.

• A member from South Carolina▶ 1:56:56: Asked when PPAC/TPAC vacancies would be filled▶ 1:56:56; raised concerns that Monster Energy is a frequent trademark opponent against small businesses (e.g., a "Monster Shawarma" restaurant), prompting Squires to walk back calling Monster a "famous mark"▶ 2:00:16▶ 2:03:22.

Key moments

• Chair Issa said PTAB reversal/rejection rates flipped from roughly 80-90% granted to about 80% rejected under recent policy, and that current legacy patents could remain assertable for up to 26 years even if quality were perfect starting today▶ 0:14:45▶ 0:17:41.

• Raskin detailed that the USPTO itself filed trademark applications for Trump's "Board of Peace," which has reportedly collected billions from foreign governments including Saudi Arabia, Kazakhstan, and the UAE, with no known corporate structure or audit mechanism▶ 0:35:41▶ 0:36:08.

• Under direct questioning, Squires confirmed he personally signed both the Board of Peace trademark application and a $350 fee waiver approved the following day, but said he did not recall the specifics of that approval▶ 1:15:28▶ 1:15:59.

• Squires acknowledged he could not identify the individuals or entities behind OpenSky and PQA, the parties that repeatedly challenged VLSI's patent on behalf of NXP after Director Vidal had flagged the practice as abuse of process▶ 1:34:48▶ 1:35:16.

• A member from California cited that Squires' office has discretionarily denied 64% of PTAB petitions with an institution rate of about 20%, and entered a letter from industry coalitions (Alliance for Automotive Innovation, Business Software Alliance, and others) criticizing unexplained "bare-bones" denials▶ 1:29:54▶ 1:33:09.

• Squires said serial IPR filings historically occur in less than 1% of cases, yet the proposed rule change applies broadly; Chair Issa disputed that this constitutes meaningful reform given ex parte reexamination remains a one-sided process▶ 2:05:04▶ 2:05:31.

• Squires confirmed Secretary Lutnick personally championed the PTAB rulemaking as his "first and signature rule," while acknowledging no personal knowledge of whether Lutnick had divested holdings that could create a conflict of interest▶ 2:09:48▶ 2:10:19.

• On litigation costs, a Wisconsin member cited AIPLA figures showing PTAB adjudication costs roughly one-tenth of district court litigation ($500,000 vs. $5 million), pressing whether the new IPR rule properly weighed the resulting cost shift to courts▶ 1:08:21.

• Squires said foreign state actors and sovereigns are now barred from PTAB proceedings under the reinstated real-party-in-interest requirement and a recent TiVo decision▶ 1:05:23▶ 1:05:50.

• A South Carolina member pressed on Monster Energy's frequent trademark opposition filings against small businesses; Squires initially called Monster a "famous mark" before acknowledging that determination would require a court finding of secondary meaning▶ 2:03:22▶ 2:03:36.

Metadata

CommitteeHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet
Chamber / CongressHouse · 119th Congress
DateMarch 25, 2026
TypeHearing
Witnesses
The Honorable John Squires — Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office
Videoyoutube
Transcript324 caption blocks · 19,474 words · 2:12:32 runtime
EventCongress.gov 119088