Donald Trump won the election and is slated to be the 47^th president of the United States. What does this mean for everyone's favorite topic, intellectual property (IP)? It is hard to say anything with certainty, but we can review what occurred under his previous administration, which may give a hint as to what to expect with the new administration.

1. Trade Policies and IP Protection

   - Focus on Trade Agreements: Trump's administration prioritized renegotiating trade agreements, notably the United States-Mexico-Canada Agreement (USMCA). The USMCA includes stronger IP protections, particularly for patents and copyrights, with a focus on pharmaceuticals and digital trade.

Specifically, the USMCA differs from the North American Free Trade Agreement (NAFTA) in that it:

• Adds definitions to “patentable subject matter,” including new products, processes, and new uses of known products;
• Incorporates provisions for patent term adjustments being required due to “unreasonable” delays during prosecution; and
• Includes provisions for new systems and procedures for asserting patent rights and challenging the validity of existing patents.

   - China Trade Relations: Trump's administration took a hardline approach towards China, which led to tariffs and sanctions intended to protect American businesses from alleged IP violations.

With Trump's plan to impose a blanket tariff on all imported goods of up to 20%, and a 60%-100% tariff on goods imported from China, we can expect to see an increase in the U.S. in the costs of manufactured goods.

https://www.usatoday.com/story/money/2024/11/17/trump-tariffs-imports-manufacturers-economy/76313138007/

2. Patent Reform

   - Patent Office Reforms: The Trump administration pushed for reforms in the U.S. Patent and Trademark Office (USPTO) to streamline patent processes and reduce backlog, making it easier for businesses to secure patents.

   - Critique of PTAB: The administration was critical of the Patent Trial and Appeal Board (PTAB), which reviews patent validity. Trump aimed to reform or curtail its influence, arguing that it undermined patent rights and harmed innovation.

3. Copyright Issues

   - Digital Trade and Copyrights: Under Trump's leadership, the administration emphasized protecting digital copyrights, particularly in the context of streaming and online platforms. This included advocating for stronger measures against online piracy and enhancing enforcement mechanisms.

   - Music and Artistic Copyrights: Considering that numerous music artists, including Celine Dion, Linkin Park, Aerosmith, Pharrell Williams, The Rolling Stones, Phil Collins, and the estates of Tom Petty, Isaac Hayes, and Sinéad O'Connor, to name a few, have threatened legal action against the Trump campaign or taken issue with the Trump campaign violating their copyrights, it is unclear what the stance of the incoming Trump Administration will be on this subject.

4. International IP Leadership

   - Global IP Standards: Trump's administration sought to maintain U.S. leadership in international IP standards, working through organizations like the World Intellectual Property Organization (WIPO) to promote strong IP protections globally.

   - Bilateral Engagement: Increased focus on bilateral agreements emphasized the importance of strong IP protections in trade discussions, particularly with nations perceived as having lax IP enforcement.

5. Deregulation and Innovation

   - Pro-Innovation Stance: The Trump administration promoted a pro-innovation environment, arguing that reducing regulations, including those affecting IP, could spur economic growth and technological advancement.

   - Support for Small Businesses: Policies aimed at helping small businesses and startups included measures to simplify the process of securing IP rights, making it more accessible for new entrants in various industries.

Conclusion

While these policies reflect a hypothetical scenario where Trump is already in office, they align with the themes of his previous administration. His approach generally favored stronger IP protections to bolster American innovation and competitiveness, particularly in the face of international challenges and trade disputes. The administration's focus on enforcing IP rights was seen as critical for supporting industries heavily reliant on patents and copyrights, such as technology, pharmaceuticals, and entertainment.

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*The information in this article is not legal advice and should not be relied on. The content of this article is for informational purposes only and is meant as a starting point in your search for answers to your legal questions.