Senate Judiciary Sends PTO Nominee to the Floor

The Senate Judiciary Committee advanced the nomination of Katherine Vidal to lead the Patent and Trademark Office on a 17-5 vote Thursday. Voting no: Jon Ossoff, D-Ga.; Josh Hawley, R-Mo.; John Kennedy, R-La.; Ted Cruz, R-Texas; and Mike Lee, R-Utah. Kennedy, the only opposing voter to speak on the nomination, said Vidal gave nonanswers to his questions about Big Tech’s influence over the PTO. He voted against prior nominees because they’re “in the pockets” of Big Tech, he said. Kennedy said Big Tech “doesn’t like” patents because they interfere with market dominance. Chairman Dick Durbin, D-Ill., told Kennedy: “I don’t want to step on any news that will be issued after this meeting, but buckle your seatbelt. This committee is going to be taking some forays into the field you just mentioned.” Durbin is a co-sponsor of S-2992, the American Innovation and Choice Online Act, which the committee held over Thursday, as expected (see 2201110053). Durbin called Vidal a “well-qualified” nominee with a deep understanding of the PTO. Sen. Thom Tillis, R-N.C., voiced his support for Vidal, saying she will continue the “reforms” started by former Director Andrei Iancu (see 2201050046) for the Patent Trial and Appeal Board and Big Tech. He credited Iancu for “going after” Big Tech, which is making it difficult for small innovators to protect intellectual property. Sen. Patrick Leahy, D-Vt., agreed with Tillis.