For those in Congress who value innovation as the lifeblood of American economic and technological leadership, the signals from bipartisan lawmakers and the U.S. Patent and Trademark Office could not be clearer. It is time for lawmakers, particularly Republicans, to seize this opportunity and move forward boldly on pro-patent legislation.
The first Trump administration demonstrated a clear commitment to strengthening patent protections. Many within the innovation and intellectual property community hoped a second term would sustain that momentum. The early evidence has been mixed, with decidedly positive moves from USPTO and certain other corners of the Trump administration. USPTO Deputy Director Coke Stewart, returning from the first term, has moved quickly to reinforce the agency’s mission of reliability and respect for patent rights. That continuity is welcome.
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The new USPTO director, John Squires, confirmed in September, has taken up the baton that acting director Stewart has carried until now. In his testimony before the Senate Subcommittee on Intellectual Property, Squires made a muscular, unapologetically patriotic defense of patent rights. Drawing from his own experience at Cantor Fitzgerald on Sept. 11, 2001, he recounted how America’s private sector rose to meet a national crisis and declared that innovation was “our best weapon and inexhaustible resource.” He described that mobilization as a “soft-power war” and patents as instruments of that war — tools of national strength and resilience.
They remain instruments of war today, though the battlefield has shifted. The United States now finds itself in a cold war of innovation with its primary strategic rival, China. Beijing has long pursued a shrewd, coercive strategy — offering market access in exchange for forced technology transfers and joint ventures — that siphons American know-how. Meanwhile, China has systematically replicated key features of our patent system to power its own transition from low-cost manufacturing to a tech-driven economy. The unmistakable takeaway is that our ability to compete and to safeguard the nation’s interests depends on a strong, reliable patent system.
Yet, over the past 20 years, a series of missteps here at home has weakened our patent system and faith in our patent system. The Supreme Court’s 2006 eBay v. MercExchange ruling led to courts’ virtual uniform denial of injunctions, though the patent at issue was found valid and infringed. The America Invents Act of 2011 introduced the Patent Trial and Appeal Board, which has become a weapon for predatory infringers rather than a venue for balance.
Courts have further compounded the problem with rulings that blur the boundaries of patent eligibility. Inventors have been left uncertain about whether their life’s work merits patent protection, while investors hesitate to back technologies ensnared in such legal ambiguity.
There are signs of recovery. In the last Congress, three significant pro-patent bills, the PERA, PREVAIL, and RESTORE Patent Rights Acts, were introduced, with one advancing out of committee in the Senate. Though none reached the floor, they represent a renewed recognition that America’s innovation ecosystem relies on clear, enforceable intellectual property rights and predictable, certain rules. Those same measures have been reintroduced this year. Progress has been incremental, slowed in part by focus on broader legislative priorities such as the One Big Beautiful Bill Act. Still, the momentum is building. PERA has already had a hearing, and both it and PREVAIL are expected to be slated for markup.
This is precisely the moment for Congress to act, confident that the administration stands firmly behind it. President Donald Trump’s patent leaders have signaled that strong patents are synonymous with a strong America. Lawmakers, particularly Republicans who have long championed property rights, should feel not only emboldened but expected to advance these bills. The time for hesitation has passed.
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Squires underscored this imperative when he stated, “Patent eligibility is not an abstract debate. It is a matter of national security, of resilience, and of ensuring that America’s system of innovation remains robust enough to confront the challenges of the 21st century.” His words should resonate across the aisle. Democrats who have joined Republicans in crafting these bipartisan measures now have alignment of purpose and political momentum.
Strengthening intellectual property protections is not a narrow, abstruse cause. It is an engine for growth, job creation, and strategic advantage. As Squires put it, “Every piece of IP we put into circulation is a potential job, a new business, a competitive advantage, or an investible asset.” Congress should meet this moment. Passing these bills and sending them to the president’s desk would reaffirm America’s commitment to innovation as both an economic and national security imperative. The outcome of the current soft-power war depends on it.
James Edwards is executive director of Conservatives for Property Rights (@4PropertyRights), patent policy adviser to Eagle Forum Education & Legal Defense Fund, and author of To Invent Is Divine (Fidelis, 2025).
