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USPTO issues updated guidance regarding patent examiner applications and stock ownership
On March 2, 2026, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) John A. Squires issued updated guidance to reinforce public confidence in the fairness and impartiality of the patent examination process. The memorandum, issued to all Patents employees, provides guidance regarding the examination of patent applications and stock ownership.
Given the unique role Patents employees play in deciding the important rights protected by patents, and pursuant to his authority under 35 U.S.C. § 3 to set policy at USPTO, Director Squires has informed Patents employees that he is reducing the recusal threshold for stock or bond holdings (publicly traded or privately held) from the current threshold of $15,000 to zero stock or bonds in an assignee of an application before the examiner.
This guidance goes into effect immediately and will remain in place until further notice. If this policy impacts applications already under examination, those applications will be re-docketed.
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