Brett Trout
President Trump is already having a major impact on the U.S. approach to technology, innovation, and intellectual property. Issuing a slew of executive orders ranging from removing restrictions on artificial intelligence (AI) development to the establishment of the United States as a global leader in Digital Financial Technology the President is moving quickly to assist technology companies to make better technology faster and cheaper. Combined with his strong support of intellectual property protection, his recent steps to promote technology offer an opportunity for companies to capitalize on this new era of technological freedom and protection.
Restoring AI Dominance
The President has already rolled back the Biden-era executive order that hindered the United States’ ability to develop the next generation artificial intelligence (AI). The stated purpose of this rollback is to restore U.S. AI dominance in the world. Incoming AI/Crypto Czar David Sacks will to oversee the regulatory rollback. The President has also vowed to aid in the development of “AI systems that are free from ideological bias or engineered social agendas.”

Stronger Intellectual Property Protection
President Trump has a history of taking a hard line in favor of intellectual property enforcement and against those with a track record of infringing intellectual property, such as China. It is likely he may leverage his renewed interest in tariffs, import restrictions, and intellectual property enforcement, to force China to comply with international intellectual property protections.
The Good: Greater intellectual property enforcement will put a premium on U.S. companies pursuing intellectual property protection. The Presdient’s pro-business stance may make monetizing your intellectual property cheaper and easier over the next four years. Take another look at your technology portfolio and determine how best to protect, license, and enforce your intellectual property.
The Bad: Greater restrictions on non-U.S. entities likely means higher prices for imported goods. Start looking now for alternate suppliers to reduce the likelihood of volatile international trade issues shutting down your production.
Cutting the Red Tape
As a businessman himself, President Trump is a staunch proponent business and an avowed enemy of bureaucracy that hinders business. What this means for the American technology sector is currently unknown. A major target of the President’s deregulation efforts may be the Patent Office itself. The reduction of administrative roadblocks at the Patent Office and reduction of costs could incentivize more U.S. companies to develop and protect their intellectual property.
The Good: Obtaining a patent on your technology could get cheaper and faster. Determine what in your portfolio you may want to patent if the patent process becomes more efficient.
The Bad: While red tape will be cut, it may not be all at once and it may not necessarily translate into a significant savings of time and money.
Patent Reform For American Inventors
Kathi Vidal, President Biden’s pick for United States Patent and trademark Office (USPTO) director is out and a new director will soon be in. While no one is quite sure who the replacement will be, the new director will likely be more inventor and technology friendly, streamlining the patent process creating more opportunities to protect burgeoning technologies such as artificial intelligence. While the incoming Administration will likely institute many reforms at the Patent Office, some of the first may be reducing the number of good patent applications inappropriately rejected by examiners, reforming the Patent Trial and Appeal Board to be fairer to small inventors, and leveraging AI to produce a better, faster, cheaper product coming out of the Patent Office. Combined with the President’s desire to strengthen international and domestic patent protection, these reforms could mean new opportunities for U.S. businesses and independent inventors.
The Good: Even if you have decided not to pursue patent protection in the past, it is time to review your current technology with your patent attorney to determine how strengthened international and domestic patent enforcement may make patenting your innovations faster, cheaper, and easier to enforce.
The Bad: The downside to a rapidly changing intellectual property landscape is the inability to predict the future and plan accordingly. As most of the reforms look to benefit innovators, it is a good idea to outline a strategy based on anticipated reforms and keep in close communication with your intellectual property counsel to keep abreast of, and capitalize on, these reforms.
Be Ready to Strike
While it is unknown exactly how the incoming administration will affect intellectual property protections for U.S. businesses it seems clear most of the upcoming reforms will be pro-business. The key to capitalizing on these reforms will be to stay in touch with your intellectual property attorney and stay abreast of the current changes to intellectual property regulation. Review your current technology with an eye toward anticipated reforms and be ready to take advantage of them as soon as they occur.
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