The Intellectual Property Law Program hosted the Honorable Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent & Trademark Office (USPTO) for the fall edition of its bi-annual A. Sidney Katz Lecture. The lecture is made possible through the generous support of the A. Sidney Katz Intellectual Property Lecture Fund.
John Whealan, Intellectual Property Advisory Board Associate Dean for Intellectual Property Law Studies, started off the discussion with Director Lee by asking her to chronicle her career journey.
As a young girl, Director Lee helped her father – an electrical engineer – build a handheld radio, which sparked her passion for math, science, technology, and innovation. She went on to pursue degrees in electrical engineering and computer science from MIT, and a JD from Stanford Law School.
Prior to building her legal career as an advisor and expert in patent litigation, Director Lee was a computer scientist at the MIT Artificial Intelligence Laboratory and Hewlett-Packard Research Laboratories. Years later, she became a partner at Fenwick & West LLP. Although she once entertained the idea of staying in her home state of California to represent high-tech companies in Silicon Valley, a lunch meeting with a Stanford classmate introduced her to a company that survived the dot-com bust – a company that would benefit from her expertise in consulting clients with intellectual property, licensing, litigation, and business matters. This company was Google.
At the time, Google faced fierce competition from competitors such as Yahoo, Altavista, Ask Jeeves, and Excite@Home, just to name a few. Skeptical of leaving her partnership with her Silicon Valley-based law firm, Director Lee was inspired by the work being done at Google and eventually joined the company. She quickly became responsible for the growth of the patent and patent strategy efforts for Google’s global products and service, eventually serving as the Deputy General Counsel and the company's first Head of Patents and Patent Strategy.
By the end of her career at Google, she created and managed a team of over seventy patent professionals, a significant growth since she was the only expert in patent litigation when she joined.
In 2004, Director Lee co-founded the non-profit organization Chief Women IP Counsels (ChIPs). According to her, the mission of the organization is to “encourage, promote and develop the advancement of women in technology and intellectual property law.” The heads of intellectual property and patents of Google, Apple, Cisco, eBay, etc., had the idea to find other women in similar roles to share their experiences. Essentially, the organization created a camaraderie and mentorship for women who were in positions often dominated by men. The organization began with seven women, but quickly gained a following over the years. Today, many women attend the annual conference in D.C., which tends to be a sold-out event. “It’s an area I feel very proud of, and I am very honored to have been a part of it since the beginning as a co-founder,” she said.
Director Lee’s experiences and expertise in using intellectual property to achieve business goals led to her first job in government. The Leahy-Smith America Invents Act had passed in 2011 – which made a notable change in the U.S. patent system – and obtained authority to open regional offices. While this took place, she was asked by former USPTO Director David Kappos if she would be interested in leading a regional office in Silicon Valley. “I knew the impact that that office would have on innovation, not just in the Silicon Valley, but all over the west coast,” Director Lee said.
Her passion about the legal and policymaking aspects of technological innovation and leading the Silicon Valley office ultimately brought her to the USPTO. “There is so much more opportunity to bring small companies who don’t oftentimes have a voice and an input on policies and programs,” she said.
Today, Director Lee runs a federal agency with over 12,000 employees responsible for granting U.S. patents and registering trademarks. She is the first woman to serve as Director of the U.S. Patent and Trademark Office in the country’s history.
After covering a handful of other topics, including her commitment and the USPTO’s role in issuing better quality patents, she concluded the conversation by offering students advice about joining the profession. Director Lee simply encouraged students to not be afraid of taking risks and to find ways to participate in difficult projects. She also emphasized to students that no matter how stressful things can get, it is important that they always pay attention to their health.