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Trends In Patent Policy and Enforcement
On Oct. 9, 2025, the newly appointed director of the Patent Office made a remarkable statement to the United States Senate. Director John Squires stated that patents are far more than economic instruments or property rights. Rather, he proclaimed, patents “are instruments of national defense.” See, Squires, J., “The Patent Eligibility Restoration Act – Restoring Clarify, Certainty, and Predictability to the U.S. Patent System” (Oct. 9, 2025). Director Squires proceeded to present an argument, steeped in references to the 9/11 attacks, that the government’s prior efforts to limit patent enforcement were contrary to the nation’s interest and jeopardized national security. Id.
Director Squires’ pro-patent sentiments appear common in the current administration. Indeed, there is a growing view at the highest levels of government that patent rights should be strengthened and patent litigation promoted. Several high-ranking officials in the Trump administration are quite familiar with monetizing intellectual property. Starting at the top, President Trump is well known for licensing his name and related trademarks. Secretary of Commerce Howard Lutnick is a named inventor on hundreds of patents, which he has a history of enforcing through litigation. Before his role in the government, Director Squires was an attorney who regularly worked with litigation funders and patent owners. And, while he is not a member of the Trump administration, it has been reported that Donald Trump, Jr. now holds investments in no fewer than two patent assertion entities. See, Mueller, “Donald Trump Jr. owns 5% of patent monetizer Fintiv, his second patent investment to come to light this year (after SIM IP),” IP Fray (Aug. 15, 2025).
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