Commerce Secretary Howard Lutnick has made the decision to terminate all current appointments to the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC), effective immediately. Secretary Lutnick is expected to appoint new members to both committees and move forward with public meetings for these advisory bodies in May 2025, as originally planned.
Those following the appointments and hirings made by President Donald Trump during his second term may notice that Secretary Lutnick is likely to appoint new members to the PPAC and TPAC who are ideologically aligned with the President’s stance on intellectual property (IP) policy. This shift reflects a contrast with Trump’s first term, where some early nominees had their own political agendas that didn’t always align with the administration’s broader goals. However, during his second term, the focus has shifted to appointing individuals whose views are closely aligned with the President and who are willing to work collaboratively toward a shared vision for the future.
New Membership for Public Committees Advising USPTO Director
Both the PPAC and TPAC were established in 1999 as part of the American Inventors Protection Act, with governing provisions outlined in 35 U.S.C. § 5. Under this statute, each committee consists of nine members who “serve at the pleasure of the Secretary of Commerce.” If vacancies arise, the Secretary is required to fill them within 90 days, and new members will serve the remainder of the predecessor’s term, which could involve one- or two-year appointments to maintain staggered terms.
The primary role of both public advisory committees is to review the policies, goals, performance, budget, and user fees of the U.S. Patent and Trademark Office (USPTO). Specifically, PPAC reviews USPTO’s patent operations, while TPAC reviews its trademark operations. Both committees also provide advice to the USPTO Director and prepare annual reports on their respective areas of focus. These reports are submitted to the Secretary of Commerce, the President, and the Judiciary Committees of both houses of Congress.
Section 5 of the statute also outlines qualifications for prospective members, requiring them to have substantial backgrounds in areas such as finance, management, labor relations, science, technology, and office automation. Additionally, both committees must include members who represent entities applying for patent or trademark rights, including a mix of large and small entities. Notably, PPAC must include at least 25% of its members from small entity patent applicants, with at least one independent inventor included.
Changes at the USPTO Following Executive Turnover
Secretary Lutnick’s move to reshape the PPAC and TPAC comes amid a wave of executive staff turnover and reassignment at the USPTO during the early months of the second Trump Administration. Coke Stewart was appointed Deputy Director and is currently serving as Acting Director while awaiting the confirmation of Director nominee John Squires.
In February, it was reported that Vaishali Udupa, the USPTO’s former Commissioner of Patents, had resigned to take advantage of the deferred resignation program available to federal workers under the Trump Administration. Several other leadership changes followed, with Will Covey stepping in as Acting Deputy Director, Janet Gongola becoming Acting Director of Communications, and Farheena Rasheed assuming the role of Acting PTAB Vice Chief Judge. Valencia Martin Wallace has been named Acting Commissioner for Patents, and Dan Vavonese is now serving as Acting Commissioner for Trademarks. Chris Shipp has returned as Chief of Staff, and Frederick Steckler, the former Chief Administrative Officer, has stepped down from his duties, although the circumstances surrounding his departure remain unclear.