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CHIPS, IRA & infrastructure fail without strong IP system

Kathi Vidal (2023). Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. The USPTO Is Stepping up to Drive Innovation and Entrepreneurship at Speed and Scale. J. Pat. & Trademark Off. Soc'y, 103, 243. (Nexis Database) (ermo/sms, Acc:7-5-2024) [MSDI-JE-wk1]

All told, this is an especially important time for the USPTO to be engaged in such activities. The recent passage of major new legislation such as the CHIPS and Science Act 11($ 280 billion), the Inflation Reduction Act 12($ 500 billion), and the Infrastructure bill 13($ 1.2 trillion), are all aimed at revitalizing the high tech and green energy industrial base of our country like at no other time in our Nation's history.

The hundreds of billions of dollars of additional federal spending on research and development, on regional technology and innovation hubs, on training a new generation of high-tech workers--all of this must be accompanied by increasing the awareness and use of the IP system. The success of all of these programs depends on the IP protections guaranteed in the U.S. Constitution, that enable companies to raise the money needed to bring new technologies to commercial production.

For those of us in the IP community, we know how important protecting IP is to creating a virtuous cycle of continuous improvement and investment. It is up to us to ensure that IP is not considered a niche afterthought or "nice to have."

Our immense corps of USPTO registered practitioners serve as country's most valuable resource to further our collective goals. As of June 2023, there were 36,981 active patent attorneys and 13,409 active patent agents registered with the USPTO. And this is just the tip of the iceberg. Tens of thousands of researchers, inventors, [*248] and creators support our practitioners, and millions more in turn support their research, inventing, and creativity throughout all aspects of innovation and entrepreneurship.

It is up to each one of us to assume the role of inspiring and mentoring the next generation of IP enthusiasts and to enlighten them about the dynamic careers that await them in the innovation sector. Young people will soon be replacing us as stewards of our 220-year-old IP system. We want them to know that they will be working every day on changing the world for the better, and instilling people throughout the world with hope for the future.

Whether you encourage junior lawyers to participate in PTAB's Legal Experience and Advocacy Program (LEAP), 14provide our excellent patent examiners with opportunities or training through one of the many programs I outlined in the Director's Blog, 15work with your schools 16or libraries 17to encourage them to lean in and play a bigger role using our resources and training, connect your inventors with WE 18or our other resources, 19or donate your time helping innovators directly through mentoring entrepreneurs 20or through one of our many pro bono programs, 21you have an important role in our Nation's future. Only by working together can we make the changes we need to make at speed and scale.

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