Johnson & Johnson IP chief lined up for USPTO role

The head of IP at a major pharmaceutical company is set to be named as the next director of the US Patent and Trademark Office (USPTO), reports have claimed.

Phil Johnson, chief patent counsel at Johnson & Johnson, is believed to be the preferred choice to fill the role, which has been vacant since September last year.

The Obama Administration is to imminently nominate Johnson as its preferred choice, said Hal Wegner, a partner at Foley & Lardner LLP in Washington, DC, in a blog post and e-mail newsletter.

The USPTO did not respond immediately to a request for comment on the rumours.

Johnson, who has publicly opposed patent reform, has been at New Jersey-based Johnson & Johnson since 2000.

In December last year, he testified before the Senate to oppose the Patent Transparency and Improvements Act, a bill that would have made it easier for defendants to challenge patents and recover costs in the face of frivolous lawsuits.

In May, the legislation was put on hold.

Despite Johnson’s opposition to patent reform, Wegner said there has been an “overwhelmingly positive” reaction to the news.

In is newsletter, Wegner said insiders see Johnson as a “strong, capable leader” with extensive experience both in management of patents at a major pharmaceutical company as well as many years as a first chair patent litigator.

Bob Stoll, former commissioner for patents at the USPTO and now a partner at Drinker Biddle & Reath LLP, told theIPWatchdog blog he had worked with Johnson on many different patent proposals over the years.

“I have always found him to be thoughtful in his analysis of issues and willing to look at many different solutions to a problem,” Stoll said.

The USPTO has been without a permanent director since David Kappos left the post in January last year. He was replaced by Teresa Stanek Rea, who served as acting director for nine months.

Michelle Lee, former deputy general counsel at Google, has been the office’s deputy director since January this year.