IP / Regulatory Law Watch Adult Education as a Pathway to Innovation A recent piece by Shubha Ghosh of the Syracuse Intellectual Property Law Institute highlights adult education programs—particularly at community colleges—as an underutilized resource in the innovation ecosystem. While the 1980 Bayh-Dole Act enabled universities to patent federally funded research, it largely excluded institutions like community colleges that serve a diverse population of adult learners. In 2023, public two-year colleges enrolled 4.5 million students, nearly 60% of whom were women, with over a million Hispanic and more than 650,000 African American students represented. Adult education programs often include entrepreneurship training and have the potential to expand participation in innovation. Initiatives such as the Patent Academy at Houston Community College, funded by Qualcomm, and SBA-backed programs at schools like Onondaga Community College provide models for integrating patent education and business support. These programs also contribute data on startup activity and economic impact that can complement national innovation metrics. Gaps remain, however, in legal education, patenting knowledge, and access to entrepreneurial resources among adult learners. Learn more about the role of adult education in innovation here. USPTO Acting Director Expands on Reasoning for New Interim PTAB ‘Workload Management’ Process The U.S. Patent and Trademark Office (USPTO) has implemented new interim procedures for managing the Patent Trial and Appeal Board’s (PTAB) workload. Acting Director Coke Morgan Stewart announced that the Office will now exercise discretion under 35 U.S.C. §§ 314(a) and 324(a) to determine whether petitions for inter partes review (IPR) or post-grant review (PGR) should be denied before expending additional PTAB resources. The move rescinds former Director Kathi Vidal’s 2022 memo on discretionary denials in cases with parallel district court litigation. The updated approach emphasizes efficiency, expanded capacity, and higher-quality decisions, while relying on established precedents like Apple v. Fintiv and Sotera Wireless v. Masimo. Though the change has been welcomed by patent owners, petitioners may see an increase in discretionary denials. The process also introduces generous word limits and promises a holistic, transparent review of each case. Learn more about the new process here. Who Will Review the Patent Applications? The USPTO’s remote work system, used by 85% of its 10,500+ patent examiners, is now at risk due to new executive orders from President Trump mandating a return to office and a federal hiring freeze. If applied to the USPTO, the changes could lead to examiner departures and delays in patent processing. However, the agency’s self-funding model and Trump’s past support for IP may influence how strictly the orders are enforced. Learn more about the situation here. |