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Darrell Issa: “It'll be years before the Article 3 courts take down some…”

Featuring: Darrell Issa, Republican | U.S. House California, 48th Congressional District

Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority'

Published September 2, 2026 | Video Starts at 1:31:32

I didn't say they're illegal. I just said were they consistent with Your interpretation of 314A? Are they consistent with that? Obviously most of these, it's too soon. It'll be years before the Article 3 courts take down some parts of patents that were with the same evidence that was not considered by the PTO. So back to the question. Do you think you would have had as broad an interpretation since you were the first to see this act and implement it? (1:31:32–1:31:44)

CLAIM

Asserts that it will take years for Article 3 courts to address certain patent issues.

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Darrell Issa

“At the time of the 2011 act we were running about 40% reversal in the Fed circuit of district court cases.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 00:57-01:06
“Companies large and small... have seen as many as 80 PTAB requests denied one after another.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 04:01-04:13
“Currently the PTO considers you are a micro entity even if you've done 35 patents.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:42:17-1:42:21
“In 2011, Congress passed the American Invents act on a broadly bipartisan, bicameral basis to modernize our patent system.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 00:11-00:21
“The US Patent and Trademark Office fee setting authority might in fact be in question.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 01:13-01:26
“In the Americans Invent act, we gave the United States Patent and Trademark Office limited and temporary authority to set fees.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 01:14-01:24
“The amounts collected by the Patent and Trademark Office were used extensively there and could not be taken even to other parts of the…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 01:29-01:39
“The PTO's recent changes to how it handles PTAB proceedings are particularly and particularly discretionary denials, which I'm sure we'll…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 02:30-02:49
“Ex parte reexaminations are also being reduced, thus eliminating the ability to ever question a patent unless you're willing to spend as…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 04:19-04:35
“Fewer PTAB proceedings means abusive patent trolls bring more district litigation actions.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 05:11-05:20
“This committee on a bipartisan basis has been trying to increase the number of Article 3 judges because we are already short federal judges.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 06:45-06:55
“The 77 [patent applications] proposed in the bipartisan legislation could in fact have to be double or triple that if we're going to deal…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 07:15-07:27
“We intended to have the US Patent and Trademark Office fee setting authority fully affect its total cost reimbursement for implementing the…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 07:42-07:58
“Failure to do so begs the question of beyond December. Can we in fact continue with fee setting authority or should this committee in the…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 07:57-08:19
“That is the way it was when President George W. Bush proposed his fee changes in 2001 or 2002, in which this committee fully rejected that…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 08:18-08:35
“If we cannot find a way to ensure that the America Invents Act is fully implemented as part of any reauthorization of fee setting.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 08:34-08:48
“Under 314A, the discretionary denials, you've seen the denials that have gone on over the last many months, including broad denials of first…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:30:24-1:30:38
“Are you saying that the dozens in a row that Samsung and Intel saw denied have been gone to the courts or are you saying they haven't yet…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:30:58-1:31:11
“Isn't it true that no one has had anywhere close to this many den denials particularly first time denials in the history since the act was…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:32:02-1:32:10
“You're a small entity even if you've done 35 patents in fee setting.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:42:17-1:42:21
“Isn't there money left on the table inappropriately? Unless we make sure that these heavy discounts are consistent with effectively the…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:42:41-1:42:59
“The proliferation of AI favors a micro entity that might, might in fact abuse these incredibly small filing fees.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:43:27-1:43:39
“PTAB is originated by the accused defendant and Article three is by the patent holder plaintiff.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:47:14-1:47:23
“Congress intended PTAB is an alternative to but not to the exclusion of the idea that you'd be in both courts at once.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:47:41-1:47:49
“PTAB was working under Kathy Vidal and other previous undersecretaries.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:48:05-1:48:13
“The number of cases being handled and the success of those cases relieving from the federal court was working.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:48:13-1:48:21
“Judges are thrilled when it's a PTAB, but more importantly, they're thrilled because when you've had a PTAB and your patent has survived all…”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:53:26-1:53:38
“We have over 200 questions of the PTO that Mr. Squires agreed to answer, none of which have been answered.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:55:16-1:55:25
“It is extremely important for the Patent and Trademark Office to have fee setting authority to not shut down when government shuts down.”
Darrell Issa Leads House Judiciary Committee Hearing On The 'USPTO Fee Setting Authority' | Uploaded September 2, 2026 | 1:56:03-1:56:14