Anticipated Shifts in Intellectual Property Policy Under a Second Trump Administration

Takeaway: Experts predict that a second Trump administration will likely prioritize pro-innovation IP policies, strengthen patent protections, deregulate AI, and focus on global trade relations, with key leadership appointments shaping the direction of IP law.

The potential intellectual property (IP) landscape under a second Trump administration is still uncertain, but experts suggest several key shifts may occur. Many predict a return to a more pro-innovation stance, particularly in areas like antitrust and patent policy. A reemphasis on the “New Madison Approach,” which prioritizes strong property rights and the protection of standard essential patents (SEPs), is anticipated. This could involve a more permissive stance on patent licensing and a rejection of the Biden administration’s more restrictive IP policies. Other expected changes include support for patent reform legislation, stronger IP protections internationally, and opposition to measures like the TRIPS waivers and price regulations on pharmaceutical patents.

In addition to these policy shifts, there is speculation about personnel changes and leadership appointments that may influence the direction of IP policy. Key positions, such as the Director of the U.S. Patent and Trademark Office (USPTO), are seen as pivotal in shaping the future of patents and innovation in the U.S. While some experts anticipate a focus on deregulation in areas like artificial intelligence (AI), others emphasize the need for a director who understands the value of patents as an incentive for technology investments. Moreover, Trump’s historical stance on trade, particularly with China, is expected to influence global IP practices, although experts acknowledge the potential for increased fragmentation between East and West on trade policies.