IP Policy Roundup | Edition 49

Highlight: Welcoming Valencia Martin Wallace to C4IP’s Advisory Board

Former USPTO Acting Commissioner for Patents Valencia Martin Wallace joined C4IP’s Advisory Board this month, adding more than three decades of experience in patent policy and administration to its leadership team.

Wallace retired from the USPTO in April after a 34-year career, most recently overseeing approximately 10,000 employees, including more than 9,000 patent examiners. Her work on patent quality, international cooperation, and patent operations has given her deep expertise in engaging with innovation stakeholders, as well as firsthand insight into what inventors need from a reliable patent system.

Wallace’s experience will help inform C4IP’s work to strengthen patent rights and ensure American innovators can turn discoveries into new products and businesses. Throughout October, C4IP welcomed Wallace and looked ahead to what she will help contribute to C4IP’s advocacy:

• On October 6, C4IP announced Valencia Martin Wallace‘s appointment in a press release, with President and CEO Coke Morgan Stewart and Co-Chairs David Kappos and Andrei Iancu praising her expertise in patent administration and commitment to American innovation.
• On October 8, Wallace‘s appointment was covered in a Law360 article, “Ex-Patent Commissioner Joins IP Advocacy Group Board.”
• On October 9, Wallace‘s appointment was covered in IPWatchdog’s weekly news roundup, which highlighted her exceptional USPTO career.

C4IP Q&A Series: Valencia Martin Wallace

As Valencia Martin Wallace joins C4IP’s Advisory Board, we caught up with her for a wide-ranging Q&A. Drawing on her 34-year career at the USPTO, Valencia reflects on the evolution of the patent system, opportunities for American inventors, and her new role at C4IP, as well as the experiences and interests that have shaped her:

What first drew you to the intellectual property field, and what inspired you to pursue a career at the USPTO?

I wish I could say that I knew immediately that a career in technology and intellectual property would be right for me, but it took a while. I began college pursuing a career in the health profession, but after taking a physics course in my sophomore year, I discovered my love of science and technology. By my senior year in electrical engineering, I realized how pivotal advancements in technology are to our everyday lives and was excited about being part of it. After 3 years of working as an engineer, I decided to dive deeper into exploring the policy that drives technological advancements. I started law school a few months after joining the USPTO as a patent examiner, and that’s where I found my passion for intellectual property rights as well as great satisfaction and pride in supporting innovators in protecting their rights.

During your 34 years at the USPTO, what were some of the most significant changes you witnessed in the U.S. patent system and the broader innovation landscape?

There’ve been so many advancements at the USPTO and within the innovation community that narrowing it down seems nearly impossible. A few that immediately come to mind are the advancements in biotechnology, the globalization of IP laws, a more aggressive stance on protecting IP rights through regulatory actions, and the hyper-growth of emerging technologies such as artificial intelligence and alternative energy. These advancements were made possible because of amazing IP leaders who worked non-stop to promote the enactment of key legislation such as the Digital Millennium Copyright Act (DMCA) to address the challenges of the internet and digital media; the America Invents Act (AIA) that reformed the U.S. patent system to a first-to-file system and streamlined patent processes; and the Patent Law Treaties Implementation Act to align U.S. patent laws with international treaties to simplify patent application processes. These are all excellent examples of why the work being done by C4IP is so very important.

Is there a particular invention or inventor success story from your time at the USPTO that has stayed with you?

The inventor who springs to mind is National Inventors Hall of Fame (NIHF) member Marian Croak. Her voice over IP inventions have helped revolutionize how the world communicates. I’ve had the privilege of meeting Dr. Croak. It was very exciting to meet one of my heroes. She inspires me, along with many other women and people of color, to follow my instincts and pursue my dreams, not only for self-advancement, but societal advancement as well.

You’ve also worked to expand participation in American innovation. Where do you see the greatest opportunities to encourage the next generation of inventors?

Thank you for mentioning my work to expand innovation. My most rewarding work was under USPTO Director Andrei Iancu, who led the establishment of the National Council for Expanding American Innovation (NCEAI). The USPTO, supported by the council, shone a huge light on the fact that a significant number of people in our country are underrepresented in the innovation community — demographically, economically, and geographically. Beyond just shining that light, through this initiative I was able to take action to make a change, as well as motivate corporations, other government agencies, academia, and foreign intellectual property offices (IPOs) to do the same.

I believe the greatest opportunities are through educational and mentorship programs focused on innovation and entrepreneurship, equipping students with essential skills at very young ages. I encourage everyone in the innovation community to share your knowledge and experiences with those around you, from the age of 4 to 104 years old. The understanding and practice of inventorship, entrepreneurship, and innovation as a whole should be commonplace to everyone in America.

What excites you most about joining C4IP’s Advisory Board, and what perspectives do you hope to bring to the organization’s work?

I’m honored to be a member of C4IP’s advisory board. The opportunity to work with such a distinguished and dynamic group of innovation leaders, dedicated purely to the promotion of strong and effective intellectual property rights is remarkable. I’m so grateful for a chance to continue to give back to the innovation community through awareness, education, and support of the advancement of intellectual property policies. The work of C4IP is tantamount to the improvement of individuals’ lives and of our society.

Being a part of the innovation community, as an engineer and IP professional, for 37 years has allowed me to gain experience — strategizing and implementing improvements to patent practice and procedures; building international IP cooperation; and supporting and implementing patent policy. I’ve had the pleasure of partnering with, learning from, and teaching members from all segments of the intellectual property community both nationally and internationally. I also look forward to sharing my perspective as a woman of color from the southernmost region of our country. By leveraging all of these experiences, I hope to help C4IP meet its goals.

What advice would you offer young professionals interested in pursuing careers in intellectual property?

Intellectual property is an excellent choice. It’s an exciting intersection of technology, law, and business. Whether you’re considering contributing to intellectual property as an inventor, professor, legal professional, or government official, explore the diverse fields that support IP — patents, trademarks, copyrights, and trade secrets. Learn how they support and complement each other. The intellectual property field is wondrous, rewarding, complicated, and worth the experience.

What’s your favorite place you’ve traveled to, and is there a destination still on your bucket list?

One of my favorite places is Toulon, France. It’s a beautiful, quiet, and interesting Mediterranean port city. You can spend whole days in the marketplace and cafes exploring and meeting wonderful people. I highly recommend it if you are looking for a relaxing vacation.

My bucket list still contains Egypt. I hope to explore the Giza pyramids and the Valley of the Kings. I can’t think of a better region to visit than a birthplace of invention!

Government Engagement

• On October 14, C4IP issued a statement applauding the United Kingdom government’s evidence-based decision to preserve injunctive relief and reject unnecessary new standard-essential patent regulations, while cautioning that proposals to expand the role of courts in early FRAND determinations could still undermine market-driven licensing.
• On October 27, C4IP issued a statement urging the Treasury Department to narrow its recently proposed restrictions on outbound biotechnology investment as part of its implementation of the COINS Act. The proposed rule would broadly restrict joint ventures and other investment arrangements, potentially preventing U.S. innovators from acquiring valuable biotech IP from China and other countries.
  • IPWatchdog published an article covering the proposed restrictions, featuring C4IP’s statement and quoting President and CEO Coke Morgan Stewart.
• On October 29, C4IP submitted comments regarding significant foreign trade barriers maintained by Brazil, Canada, China, the European Union (EU), India, Mexico, the United Kingdom (UK), and Vietnam for consideration in the 2027 National Trade Estimate (NTE) Report.

Additional Coalition Updates

• On October 1, C4IP President and CEO Coke Morgan Stewart was quoted in an MLex article on the recent and historic $5.7 billion patent infringement judgment against Apple, emphasizing that patents’ value depends on inventors’ ability to enforce them and obtain compensation for infringement.
• On October 1, C4IP President and CEO Coke Morgan Stewart was featured in a Law360 article covering US Inventor’s September conference, where she had featured in a panel discussion on PTAB changes and the USPTO director’s authority over patent challenges.
• On October 1, C4IP’s recent comments on China’s persistent shortcomings in intellectual property protection were mentioned in a South China Morning Post article about the WTO’s hearings on the topic.
• On October 2, C4IP published a blog post rounding up takeaways from its “Idea Factories” webinar — based on a report by USC Professor Jonathan Barnett — featuring experts including Safi Bahcall, Kirti Gupta, and C4IP Co-Chair Andrei Iancu on how strong IP protections sustain the innovative firms that drive America’s technology ecosystems.
• On October 4, C4IP President and CEO Coke Morgan Stewart published an op-ed in IPWatchdog explaining how improvements to existing medicines can deliver meaningful patient benefits and why they should not be dismissed as patent abuse.

“Patients want medical advances, and they want choices. If we demonize new versions of existing medicines, we won’t just harm innovation, we will harm medical outcomes for the people who depend on them.”

• On October 8, C4IP Executive Director Frank Cullen was quoted in a Law360 article on the USPTO’s proposal to limit PTAB challenges, expressing C4IP’s support for the proposed rules and the PREVAIL Act.
• On October 8, C4IP Advisory Board Member Laura Peter published the first article in a new IPWatchdog series that will provide an inside look into international IP developments.
• On October 12, C4IP President and CEO Coke Morgan Stewart published an op-ed in IPWatchdog explaining how familiar anti-patent narratives are often used to excuse the infringement of legitimate inventors’ rights.

“[T]he campaign against so-called bad patents and patent trolls isn’t just misleading. It is intentionally undermining confidence in the very property rights our patent system was created to protect.”

• On October 13, C4IP President and CEO Coke Morgan Stewart was featured on an episode of the Clause 8 “Voice of IP” podcast, where she reflected on her time at the USPTO and the need for stability and certainty in U.S. patent policy.
• On October 15, C4IP’s public comments on proposed limits to PTAB challenges were cited in an IPWatchdog article on the proposal, which highlighted C4IP’s support for the PREVAIL Act and its recommendation to preserve a viable process for challenging patents.
• On October 16, C4IP President and CEO Coke Morgan Stewart was quoted in an MLex article on legislation targeting U.S. patents held by certain Chinese companies, cautioning that the proposal could invite retaliation against American businesses.
• On October 16, C4IP President and CEO Coke Morgan Stewart was quoted in an MLex article on the United Kingdom’s proposal to expand government involvement in FRAND determinations, warning that the measures would draw courts and government further into private licensing negotiations.
• On October 20, C4IP Co-Chair and former USPTO Director Andrei Iancu and former National Cyber Director Chris Inglis published an op-ed in Fortune arguing that stronger patent rights are essential to the startups developing technologies critical to America’s national security.

“America’s national security depends on the startups developing the technologies of the future. If U.S. leaders want to defend the country against 21st-century threats, they must begin by defending those startups’ intellectual property here at home.”

• On October 20, C4IP published a blog post celebrating Intellectual Property Month by spotlighting historic American patents — from Samuel Hopkins’s first U.S. patent to the sports bra — and explaining how time-limited patent rights reward disclosure while giving inventors the incentive to bring ideas to market.
• On October 21, C4IP Chief Policy Officer and Counsel Jamie Simpson published an op-ed in IPWatchdog arguing against the Medication Affordability and Patent Integrity Act, which could allow biomedical inventors to be stripped of important IP rights due to simple procedural missteps.
• On October 26, C4IP Co-Chair and former USPTO Director Andrei Iancu appeared on The Lunch Hour with Washington Signal podcast, where he discussed the importance of strong IP protections for American innovation, including pharmaceutical development, startups, and competition with China.
  • You can listen to his episode here.
• On October 27, C4IP President and CEO Coke Morgan Stewart published an op-ed in Fortune underscoring the importance of intellectual property rights in enabling small creators and innovators to bring their work to the public, compete with larger firms, and strengthen America’s economy.
  • Stewart’s argument and her support for strong IP protections were later detailed in articles in Tokenpost and Washington Morning.
• On October 29, C4IP Advisory Board Member Laura Peter was featured in an IAM article as part of its Women in IP series.
• On November 5, C4IP President and CEO Coke Morgan Stewart is giving a keynote address at the University of Akron on the current state of IP policy in Washington. She’ll discuss the latest developments at the USPTO, patent eligibility and enforcement, and proposals under consideration to strengthen IP rights.
  • You can find more details and register here.
• On November 6, at UIC Law’s 70th Annual Intellectual Property, Information & Privacy Law Conference, C4IP President and CEO Coke Morgan Stewart will join other IP experts to discuss the latest developments in the intellectual property field.
  • Learn more and register here.

What’s Happening in Congress

Democratic and Republican lawmakers continue to weigh legislation to prioritize strengthening IP protections, including the reintroduction of several significant bills from the previous Congress:

• The Patent Eligibility Restoration Act (PERA), which would revitalize innovation and investment in crucial high-tech sectors by reversing arbitrary, judicially created exceptions to patent eligibility.
• The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which would level the legal playing field for inventors and give them a fair chance to defend their patents from unauthorized infringement by larger competitors.
• The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act, which was reintroduced in both the House and Senate. This bipartisan, bicameral legislation would reestablish injunctive relief as the primary legal remedy for patent infringement, reaffirming innovators’ constitutional rights to the exclusive ownership of their inventions.
• The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, which would protect all individuals from having their voice and visual likeness copied by generative AI without consent.

We will continue to track movement on these bills and provide updates on legislative developments in upcoming editions. In the interim, you can find resources on these key issues here.

Fact Check

On October 13, the United Kingdom government announced plans to explore a larger role for courts and the UK Intellectual Property Office in resolving licensing disputes over standard-essential patents, or SEPs. These patents protect inventions needed to implement technical standards that allow devices from different manufacturers to work together.

The internationally accepted “FRAND” framework already requires that licenses for SEPs include fair, reasonable, and non-discriminatory terms that balance access to the technology with compensation for the innovators who developed it. Licensors and licensees typically agree on FRAND terms together through a negotiating process, and courts can help resolve disputes that arise.

However, the UK proposals would give the government a proactive role in making FRAND determinations. Within existing court proceedings in England and Wales, judges could provide an early assessment of FRAND terms to encourage settlement before a full trial. Separately, a proposed Intellectual Property Office opinion service would offer assessments of whether a licensing offer would be considered FRAND.

These proposals are concerning. There is little evidence that the current system of voluntary negotiation is insufficient. Additionally, if the UK asserts unilateral power to determine what licensing terms are “fair,” it risks encouraging courts in other countries to act similarly and potentially override fairly negotiated agreements.

Below, we explain in more detail why these two proposals are misguided:

Celebrating American Innovation

Inventor Spotlight

This month, C4IP is recognizing Edwin Land (1909-1991), whose invention of instant photography transformed how people captured, used, and shared photographs.

• Born in Connecticut, Land studied chemistry at Harvard but left to pursue experiments with polarized filters, a core component of optical products such as sunglasses, cameras, and 3D movies.
• Land founded the Polaroid Corporation in 1937 and was inspired to create the instant camera the company is known for when his three-year-old daughter asked why she couldn’t immediately see the photograph he had just taken of her.
  • Land patented the technology behind his instant camera in 1951.
  • Land also contributed to military innovations such as night vision goggles and aerial photography during World War II, as well as the U-2 spy plane during the Cold War.
• Instant photography became a massive commercial success: By 1960, Polaroid reported nearly $100 million in annual net sales.
  • By 1977, over 15 billion Polaroid prints were estimated to have been produced.
• Land’s cameras also helped spur the growth of the aerial, real-estate, commercial, and press photography industries by giving professionals the ability to review images without waiting for laboratory processing.
• Today, the instant-photography market Land pioneered remains vibrant: In April 2025, Fujifilm reported that cumulative sales of its instant cameras and smartphone printers had exceeded 100 million units worldwide.
  • The global market for instant cameras is estimated to be worth roughly $1.5 billion.

[PHOTO: Optica]