ARTICLE
28 January 2025

Changes Impacting Intellectual Property And Innovation Policies Under The New Trump Administration

SH
Stites & Harbison PLLC

Contributor

A full-service law firm representing clients across the United States and internationally, Stites & Harbison, PLLC is known as a preeminent firm managing sophisticated transactions, challenging litigation and complex regulatory matters on a daily basis.  The firm represents a broad spectrum of clients including multinational corporations, financial institutions, pharmaceutical companies, health care organizations, private companies, nonprofit organizations, and individuals. Stites & Harbison has 10 offices across five states.
Since his inauguration on January 20, 2025, President Donald Trump has implemented several initiatives that significantly impact intellectual property (IP) and innovation in the United States.
United States Intellectual Property

Since his inauguration on January 20, 2025, President Donald Trump has implemented several initiatives that significantly impact intellectual property (IP) and innovation in the United States.

Artificial Intelligence Policies

Rescinding Prior AI Executive Order

On his first day in office, President Trump rescinded Executive Order 14110, issued during the Biden administration in 2023. This order had required AI developers to share safety test results with the government and directed the National Institute of Standards and Technology to establish safety testing standards. The revocation fulfills campaign promises to reduce regulatory burdens on AI development by reversing the perceived constraints of the previous administration's approach.

Stargate AI Initiative

On January 21, 2025, President Trump announced the Stargate AI Initiative, a $500 billion investment aimed at strengthening AI infrastructure within the United States. This initiative, a collaboration with OpenAI, SoftBank Group Corp., and Oracle Corp., focuses on building data centers and other critical infrastructure. In addition to fostering economic growth and creating jobs, the initiative underscores a national security priority, bolstering U.S. technological leadership in response to competition from global powers such as China.

Changes at the United States Patent and Trademark Office (USPTO)

USPTO Leadership

On January 20, 2025, Coke Morgan Stewart was sworn in as the Deputy Undersecretary of Commerce for Intellectual Property and Deputy Director of the USPTO. In this capacity, she serves as the Acting Director until a permanent Undersecretary and Director are confirmed. Stewart brings extensive expertise to the role, having previously served as Senior Advisor and Acting Chief of Staff at the USPTO. Her leadership comes at a pivotal time as the agency adapts to evolving policies and challenges.

Return-to-Office Directive

Also on January 20, 2025, President Trump signed an executive order mandating that federal employees return to full-time, in-person work, effectively ending remote work arrangements introduced during the COVID-19 pandemic. The order grants department and agency heads limited discretion to provide exemptions where deemed necessary.

For years, the USPTO has relied on remote work as a cornerstone of its strategy to attract and retain a technically skilled workforce, essential to meeting the demand for patent examinations. While the return-to-office order reflects the administration's preference for in-person government operations, its implementation presents unique challenges for the USPTO, given its long-standing reliance on telework. The executive order permits agency heads to grant exemptions as needed, but how the USPTO will adapt to these changes remains uncertain.

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