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Comer Requests Staff Briefing on Third-Party Litigation Reforms to Protect American Innovation

WASHINGTON—House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) is continuing an investigation into the lack of transparency across the United States legal system and oversight from federal agencies that support U.S. private sector innovation and economic growth, including the U.S. Patent and Trademark Office (USPTO). In a letter to USPTO Director John Squires, Chairman Comer requests a staff-level briefing from USPTO on the agency’s reform initiatives and its coordination with other federal agencies to boost American innovation in the private sector.

“USPTO plays a vital role in ensuring American innovation is protected and enabling businesses to grow and create new jobs. The Committee understands USPTO has initiated plans, including necessary departures from the policy of the previous Administration, to propose regulatory changes to timely and fair adjudication of patent validity challenges,” wrote Chairman Comer. “The Committee has received evidence that in some cases before the Patent Trial and Appeal Board (PTAB), USPTO is not aware of the actual organizations or individuals funding or directing the petitions.”

The House Oversight Committee investigated third party litigation funding during the 118th Congress and discovered evidence of activists and foreign governments abusing the lack of disclosure requirements to fund litigation that could threaten national and economic security. The House Oversight Committee wrote Chief Justice John Roberts urging the Judicial Conference to “examine these unaffiliated funders of litigation and to consider enacting rules requiring disclosures of third-party litigation funding to protect litigants and ensure a fair adjudication of claims.”

“On October 17, 2025, USPTO proposed significant changes to the inter partes review (IPR) before the PTAB. Additionally, on October 17, 2025, USPTO released an open letter and accompanying memo which noted that one of the major reasons for recent changes to adjudicative review mechanisms is a ‘perception of self-incentivization’ inviting, even if for unfounded reasons, outside concern. I applaud your efforts, and changes happening across the Trump Administration to strengthen American leadership in innovation from life-saving medicines to artificial intelligence. Confidence in USPTO and our country’s system for rewarding innovation is vital for the patent community, businesses, and our future economy,” concluded Chairman Comer. 

Read the letter to the U.S. Patent and Trademark Office here.

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