Patent Law Practice Center

On the Record with Patent Commissioner Drew Hirshfeld

On July 30, 2015, Drew Hirshfeld was sworn in as the new Commissioner for Patents. Prior to taking the helm of patent operations as Commissioner for Patents, Hirshfeld served as Deputy Commissioner for Patent Examination Policy. Even before assuming the position of Deputy Commissioner, Hirshfeld was no stranger to senior management, having served two years as the USPTO Chief of Staff for David Kappos. He also served as a Supervisory Patent Examiner as well as a Group Director of Technology Center 2100, overseeing Computer Networking and Database workgroups.

I spoke with Hirshfeld on the record on August 10, 2015. What follows are some of the highlights of the interview. For more please see the complete transcript of our interview.

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Drew Hirshfeld Appointed New Commissioner for Patents

Yesterday, the U.S. Patent and Trademark Office (USPTO) announced that Drew Hirshfeld has been appointed as the new Commissioner for Patents. Hirshfeld, who was previously the Deputy Commissioner for Patent Examination Policy, takes over as the result of the retirement of Margaret “Peggy” Focarino. Focarino’s last day at the Office was June 30, 2015. After Focarino’s retirement and prior to Hirshfeld being sworn in, Deputy Commissioner for Patent Operations Andrew Faile was Acting Commissioner for Patents.

“Drew Hirshfeld brings a wealth of experience to his new post as the U.S. Patent and Trademark Office’s Commissioner for Patents,” Secretary of Commerce Penny Pritzker said. “As Deputy Commissioner and in his previous position as USPTO Chief of Staff, Drew has been a valuable resource for the U.S. Department of Commerce and our ‘Open for Business Agenda.’ In his new role, I know he will continue to serve the American people and our nation’s great innovators.”

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Commissioner Focarino Retires from USPTO

Effective July 1, 2015, Margaret “Peggy” Focarino has retired from the United States Patent and Trademark Office (USPTO). Focarino started with the Office as a patent examiner in 1977 and rose to the level of Commissioner for Patents, a job she has held for the past three-plus years. The retirement of Focarino truly is the end of an era. While the rest of the senior management team at the USPTO is highly qualified for the positions they hold, none come close to having the same longevity of service as Focarino.

Focarino first starting with the USPTO in 1977 as a Patent Examiner.  In several interviews, including her final interview with me (which took place on June 9, 2015), she explained that it was not always easy to fit in initially because she was the only woman in her Art Unit. She explained to me that one of the things she is most proud of is how the Office has changed over the past four decades and now embraces diversity of all kinds.

Focarino became a Supervisory Patent Examiner in 1989 and was promoted to the Senior Executive Service in 1997.  In January 2005, Focarino was promoted to Deputy Commissioner for Patent Operations, a role that made her responsible for all patent-examining functions in the eight Patent Technology Centers and all operational aspects of patent application initial examination, patent publications, and international Patent Cooperation Treaty (PCT) applications processing. Upon the resignation of Jon Dudas from the USPTO in January 2009, then-Commissioner for Patents John Doll rose from that post to become the Acting Director of the Patent Office.  At that time Focarino was promoted to Acting Commissioner for Patents. Upon Director Kappos assuming control of the Patent Office, Focarino was retained on the senior management team, with the creation of a new position — Deputy Commissioner for Patents. Subsequently, after Commissioner Bob Stoll retired, Focarino was promoted, this time being appointed Commissioner for Patents.

When I interviewed USPTO Director David Kappos in December 2011, I asked him about Focarino and the first words out of his mouth were: “What a wonderful leader.”  Kappos went on to tell me:

Peggy’s the perfect next Commissioner for Patents. She’s got deep knowledge of the agency, extremely well respected in the IP community, rose up through the ranks, knows everything about patents and patent law and patent examination and works extraordinarily well with employees. She’s loved and she’s revered by the employees, not just respected. And if that weren’t enough, works terrifically well with the union. So Peggy’s the perfect package. She’s got tremendous judgment. She knows how to deal with people, she knows how to deal with issues, she’s very diplomatic and just a wonderful leader. I’ve been doing leadership for a long time. I’ve worked with and studied under some of the best leaders in the world and I know a good leader when I see one and Peggy is certainly one.

While that may seem to be unbelievable, lofty praise, it is consistent with what I have heard many times over the years.

In late April 2015, Focarino announced internally that she would retire. In reaching out to the USPTO to confirm this rumor, I was provided the following statement from USPTO Director Michelle Lee:

Peggy has been an inspiration to so many individuals who have aspired to further American innovation through public service. Since 1977, when she began her career as a patent examiner, she has proven to be a role model of professionalism and dedication. Her tenure as Commissioner for Patents occurred at a historic moment in the patent system’s 225-year history, during the enactment of the transformative America Invents Act. I am grateful for the opportunity to have worked with her over the last several years, and congratulate her on an extremely successful career.

There is no doubt that she will be missed, but as she said in our final interview, she is leaving the Office but not planning on retiring. She will take the rest of the summer off for a well-deserved vacation, but I expect that in September she will surface somewhere within the industry.

 

Press Release: Commissioner for Patents Robert Stoll to Retire from Government Service After 29 Years at the USPTO

As Per USPTO Press Release:

Deputy Commissioner Margaret “Peggy” Focarino to be Named Commissioner for Patents

WASHINGTON – Commissioner for Patents at the United States Patent and Trademark Office (USPTO) Robert L. Stoll has announced his intention to retire from the agency effective December 31, 2011. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos has announced that he will nominate current Deputy Commissioner for Patents Margaret “Peggy” Focarino to the position of Commissioner for Patents once Commissioner Stoll’s resignation becomes effective.

Stoll was appointed Commissioner for Patents by Under Secretary Kappos in October 2009. In his 29 years with the Patent and Trademark Office Stoll has held several leadership posts including training foreign officials on all aspects of intellectual property (IP), overseeing the Office of Enforcement, and directing federal legislative priorities for the Agency. In his tenure as Commissioner for Patents, Stoll was in charge of implementing initiatives to improve the speed and quality of the patent review process, and was instrumental in reducing the patent application backlog to under 670,000. Stoll also served as a principal liaison to representatives of government, academia and industry in order to raise awareness of the critical role patents play in economic development, and played a key role in the USPTO’s effort to enact historic patent reform legislation. (more…)