AI, Diversity, and IP Policy: Navigating the Future with Former USPTO Director Kathi Vidal

I'm thrilled to welcome Kathi Vidal to the show today. Kathi has been at the forefront of IP policy, working to expand patent accessibility, and tackle some of innovation’s most pressing issues. As the former Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, Kathi has spearheaded significant changes that reshaped how America approaches innovation. 

At the USPTO, she opened up patent accessibility by expanding the patent bar to include a broader and more diverse range of professionals. She also launched the Council for Inclusive Innovation and fundamentally transformed how the Patent Office interacts with inventors, making the system more approachable for everyone.

Now, as a partner at Winston & Strawn LLP, Kathi continues to influence intellectual property law and technology policy. With her deep background in electrical engineering, AI innovation, and leadership of IP practices at top law firms, she brings a unique and valuable perspective. 

In today’s episode, Kathi and I discuss how Tech Transfer professionals can navigate shifts in policy, leverage recent changes in patent law, and position their institutions to succeed in an increasingly competitive IP landscape. She’s one of the most influential voices in innovation and the perfect guest to join us as we celebrate Women’s History Month.

In This Episode:

[02:06] We learn about Kathi's background and how she was only one of three women in her engineering class. She was also inventing in the AI space in the 1990s.

[03:42] She was an inventor and saw the struggles of inventors. She drew on her own experience and other people's broader experiences. 

[05:34] She went into law to do the analytical work that she loved. It was all about the strategy and the technology for her.

[07:12]  At the USPTO, she wanted to harness the potential of the US government to help innovators and entrepreneurs.

[08:17]  At the law firm, she's working on some major AI projects with top AI engineers in the country.

[09:43]  Over the last 4 years at the USPTO, they protected US innovation.

[10:34] It was a top priority to make universities and tech transfer offices more accessible. 

[12:24] They changed the communication for inventors when applying for a US patent. They would welcome them to the ecosystem and let them know that they could use patent pending, along with resources and support for their journey.

[13:41] How tech transfer professionals can take advantage of changes such as expanding the patent bar to include more professionals from diverse backgrounds.

[14:49] Fake barriers were removed. 

[15:57] The approach Kathi took in private practice helped with their efforts at the USPTO. She was always looking at the whole ecosystem and how to improve it and make it better.\

[19:09] She launched the Council for Inclusive Innovation, also known as CI2, to help address gaps in innovation participation. They created the first ever national inclusion strategy.

[22:33] The role of university Tech Transfer offices in supporting women and underrepresented inventors is about making IP relatable to everyone.

[23:42] IP is the key to dispersing ideas and getting them to market. It protects your ideas so you can get it out to the public and get investments.

[25:18] How tech transfer offices should be thinking about protecting and licensing AI inventions. Anything AI should be protected. There needs to be human contribution documented. 

[28:25] What to watch out for in the IP landscape.

[30:57] Kathi is now here to hel