Ranking Member Johnson’s Opening Statement At Hearing On Protecting America’s Patent System And Innovation Economy

September 2, 2026 Press Release Washington, D.C. (September 2, 2026)—Today, Rep. Hank Johnson, Ranking Member of the Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet, delivered opening remarks at a subcommittee hearing on renewing the U.S. Patent and Trademark Office’s (USPTO) fee-setting authority and protecting a fair, accessible patent system that rewards American innovation and ingenuity. Thank you, Chairman Issa. The USPTO’s fee-setting authority has given it the flexibility to move its workers remote, plan its budgets ahead, and tailor fees for small and micro entities. Originally, it was set to expire in just a few days on September the 16th. Yesterday, however, House and Senate Republicans were generous enough to kick the can down the road until after they are reelected. The authority is now set to expire on December 12th, 2026. Failing to reauthorize the USPTO’s fee setting authority risks transforming a traditionally nonpartisan agency into one that serves political ideology over merit. Ensuring that USPTO remains a beacon of American innovation means not just reauthorizing the fee setting authority but ensuring USPTO advisory committees can continue to advise the USPTO without interference by this administration. Two months after he was inaugurated, Trump’s Secretary of Commerce Howard Lutnick fired every member of PPAC and TPAC. A year and a half later, they finally swore in the first few new members. When Congress originally authorized fee setting authority under the America Invents Act, we built in several oversight measures to ensure that this power could not be exercised without transparency but rather with public input and independent expert review. PPAC and TPAC remain a critical part of those guardrails. Their full and independent participation is essential to ensuring that fee-setting remains accountable to all who rely on our patent and trademark systems, the big and the small. That is why these committees must be fully constituted as they are a necessary safeguard for independence. And that independence matters. If we do not give USPTO the flexibility it needs to set fees, access to our patent system will be taken over by special interests. This will make it even harder for small, independent inventors to protect their inventions and easier for those who can pay-to-play to infringe on those rights. How do we know? Because we are already seeing this happen in the rest of the executive branch. Every day we learn again how easy it’s become for oligarchs and powerful companies to buy a seat at Donald Trump’s table. Millions of dark money in campaign contributions. Lavish gifts like private jets, and business deals. Rampant insider trading on predictive markets. Access to the Trump White House has transformed into a currency that only the rich and famous can afford. And while the wealthy are busy buying a seat at the table, Americans across the country are left paying the price. Constituents of Georgia’s 4th Congressional district are struggling to afford rent or pay their mortgage, and the cost of groceries continue to skyrocket. Hardworking families should not struggle to afford healthcare while Elon Musk becomes a trillionaire, and while Donald Trump lines his own pockets through unabashed greed built on the backs of American taxpayers. Conflicts of interest and self-dealing have become routine features in Trump’s Washington, blurring the line between public service and private financial gain. This was a man who campaigned on draining the swamp, and yet all Trump has done is put it behind a velvet rope and began charging an admissions fee. Because in Trump’s America money buys access. Access buys influence. And influence too often becomes the law for everyone else. Innovation should not be a luxury that only the wealthy can afford. So, I, for one, am determined to not allow USPTO to be sucked in to that swamp. Reauthorizing this fee setting authority with the transparency, public participation, and independent oversight that Congress intended is essential to keeping our patent system working for all—not just for those with the closest connection to big tech, the aspiring oligarch class, or the Trump White House. We have just a few months to get this done. This is not time for Members or big money special interests to advocate for changes to the way the USPTO operates because they’re not happy with Director Squires’ Patent Trial and Appeals Board actions. I think we are overdue to examine proposals like Rep. Ross’s PREVAIL, which would reform PTAB abuses. I’m sure some of my colleagues on both sides of the aisle agree with me, just as others disagree. But I’m not trying to make those changes right now. We have a program that everyone agrees has been successful; inserting our own USTPO agendas into the debate will only serve to make this reauthorization controversial. I want to thank the witnesses for being here today. While I think this hearing is unnecessary and a distraction from the disastrous policies of the Trump Administration, I do believe it is vital that Americans truly understand the importance of allowing this agency the independence and discretion it needs to keep America at the top of our global innovation economy. Because if we want to continue to lead the world in the technological advancements of tomorrow, then we must ensure today that the institution most responsible for protecting those innovations is independent and built to last. I yield back the balance of my time. ### Issues : Justice & Court Reform