Outgoing U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal announced on Monday that she will rejoin her former law firm, Winston & Strawn, as a partner on December 16. Vidal, who previously led Winston’s Silicon Valley office, confirmed her departure from the USPTO last week. President Joe Biden had nominated her for the position in 2021, and the Senate confirmed her in 2022.
During her tenure at the USPTO, Vidal developed policies addressing artificial intelligence’s impact on patents, international intellectual property (IP) issues, and disparities in innovation and entrepreneurship across racial and gender lines. She emphasized the agency’s goal of fostering U.S. innovation through policies like transparency and patentability rules for AI-assisted inventions. “The aim is to promote U.S. innovation without locking it up,” Vidal explained.
Deputy Director Derrick Brent will succeed Vidal in leading the USPTO until President-elect Donald Trump’s administration selects a new director. Trump has not yet announced his nominee for the role. Andrei Iancu, who led the USPTO during Trump’s first term, currently works as a partner at Sullivan & Cromwell. Iancu was known for policies favoring patent owners.
Reflecting on the transition to a new administration, Vidal noted that intellectual property generally transcends partisanship. “The people I speak to all share a common goal: a strong America,” she said. She also highlighted the USPTO’s unique funding model, relying on processing and maintenance fees rather than taxpayer dollars, which grants the agency flexibility.
At Winston & Strawn, Vidal will serve as a partner and executive committee member, splitting her time between Silicon Valley and Washington, D.C. Linda Coberly and Tom Melsheimer, co-chairs of the firm’s litigation department, praised her expertise in guiding clients through technological and geopolitical disruptions. Vidal plans to apply her USPTO experience to areas such as AI, antitrust law, and cybersecurity.
“Technology policy and law intersect in exciting ways,” Vidal said. “I’ve significantly broadened the USPTO’s scope in these areas and look forward to continuing that work at Winston.”
