Now that both the Republicans and the Democrats have concluded their respective party conventions both John McCain and Barack Obama are out on the campaign trail.  This is an exciting time to be an American.  Regardless of who wins the upcoming election we will not only have a new President in the White House, but we will have taken a major step forward as a society by either electing the first African-American President or electing the first woman as Vice-President.

While the United States is destined for a historical election one way or another, those in the patent community can’t help but notice that for quite some time now the United States Patent Office has been run by appointed officials who simply do not have the experience necessary to deal with a patent system that is in crisis.  Those who are familiar with my writing on this topic know I have been very critical of appointed PTO management having had absolutely no experience in the patent field or with innovation, technology or science.  It is indeed extremely ironic that the focus of the US Presidential campaign has been on experience and/or lack thereof.  Anyone in the patent industry can tell you just how bad it has been to have upper management without relevant experience.

I really don’t want to get into a debate about which candidate will be better for America, although I certainly do have my own strong views on the subject.  But regardless of who wins the election it is going to be imperative that the next Under Secretary for Intellectual Property (a.k.a. the Director of the Patent & Trademark Office) have relevant experience in the patent and/or innovation fields.  If we get another Director who has no experience I fear what will become of a patent system that is already in decline thanks to the over 1,000,000 pending patent applications waiting review.

Not only will it be important to pick a Director with experience, but we also need Deputies with experience as well.  We cannot take more policital appointments to upper level management.  Recent history demonstrates what happens when Patent Office leaders simply do not understand the realities associated with regulating an extremely complex industry.  After all, the United States Supreme Court has acknowledged that a patent is one of the most complex documents that can be drafted in all areas of law.  Patent laws are complicated and complex and regulating an industry without having any ability to appreciate the consequences and what the reactions will be within the industry leads to more gaming of the system, less efficiency and a dysfunctional patent system.

Regardless of whether taxes are raised or lowered on businesses, it simply cannot be argued that small businesses and universities drive innovation.  Strong patents attract investment and investment can and frequently does lead to innovation.  Science for the sake of science leads to discoveries, and a strong patent system that provides real protection and meaningful exclusive rights spurs economic growth.  So while the American public tries to figure out where McCain and Obama stand on the economy I am hear to tell you that where they stand on the economy is far less important than who they will appoint as Director of the Patent & Trademark Office.

Lets face it, the next President, whoever it is, is going to preside over tremendous economic growth despite whatever policies are supported.  The US dollar is gaining strength and historical patterns suggest this will likely continue for 5 to 7 years.  Oil is down and since commodities are priced in US dollars that helps as well.  Russia returning to cold-war tactics brings uncertainty and that means investment in the dollar will be attractive.  The credit crisis will be resolved within the next 24 months and home prices will finally have bottomed and start rising again.  So say what you want about voting on the economy, but our economy is fundamentally sound and there is absolutely no room to dispute that.  We have faced a war on terror which is costing us billions, enormous natural disasters, a credit crisis and record high oil prices and the economy STILL has not sunk into recession, at least yet.  How could that be true in spite of all the financial burdens we have faced over the last 8 years if the fundamentals were not sound?

The facts are clear.  Our economy is on the verge of busting out into a prolonged growth period.  Dark days are ahead, but the light at the end of the tunnel can be seen.  The only thing that will hold us back is our own stupidity, and perhaps a really bad appointment for the position of Director of the USPTO.  Patents spur investment, investment leads to more jobs, more jobs lead to a growing economy and prosperity.

To paraphrase Bruce Springsteen, who just so happened to grow up in my hometown of Freehold, NJ, the manufacturing jobs are going and the are not coming back.  This means we need to make a concerted effort to grow high-tech jobs, which just so happen to be high paying jobs.  And rather than concern ourselves about whether the McCain plan or the Obama plan would be better, lets ask the singularly important question… who will you appoint to lead the Patent Office?