Originally published at The Washington Examiner. 

​The Biden administration’s antitrust crusade may be over, but the damage to America’s tech leadership remains. Overregulation and bureaucratic overreach left U.S. companies navigating uncertainty while global competitors such as China surged ahead. The American Action Forum found that former President Joe Biden increased regulations by nearly $2 trillion over the last four years, raising hidden taxes.

Under President Donald Trump, with a Republican-led Congress and the opportunity to confirm key nominees, there’s a path to unleash a tech revolution, as I recently wrote in a report partnered with NetChoice. By restoring the consumer welfare standard and rejecting heavy-handed regulation, the Trump administration, in which I worked to support this approach and reduce spending in his first term’s budgets, can spark a new era of innovation and growth in America’s tech sector.

The consumer welfare standard ensures that antitrust enforcement focuses on consumer benefits, not punishing business success. The Biden administration ignored this principle, favoring interventionist policies that stifled innovation and raised costs. Trump’s vision should offer a sharp contrast. With the Senate tasked to confirm leaders at the Federal Trade Commission and the Justice Department, the administration can install officials who champion free-market principles, providing the stability necessary for companies to thrive.

America’s tech industry is vital to economic growth and national security. Employing nearly 10 million people and contributing almost a third of the S&P 500’s market value, the sector drives advancements in artificial intelligence, cybersecurity, and advanced manufacturing. However, under Biden, these achievements were undercut by policies that raised barriers for small businesses and startups. While U.S. companies grappled with regulatory hurdles, China accelerated its dominance in critical technologies such as 5G and AI, leveraging state subsidies to widen the gap. The Trump administration can reverse this trend by removing barriers to growth and ensuring a competitive environment that rewards innovation.

With Republican majorities in Congress, legislators should advance policies that foster growth and innovation. The Senate confirming nominees who defend the consumer welfare standard is a first step toward ensuring antitrust enforcement serves consumers, not bureaucratic agendas. By dismantling the web of overregulation and reducing the corporate income tax rate to at least 15%, Congress and the administration can allow U.S. companies to compete globally without being hampered by unnecessary constraints.

This approach isn’t just about tech giants in Silicon Valley — it’s about creating opportunities nationwide. Platforms such as Amazon and Etsy empower small businesses to scale and reach global markets. By fostering competition and reducing barriers to entry, the Trump administration can expand these opportunities, driving growth in heartland states and empowering entrepreneurs to succeed in the digital economy.

Beyond economic growth, America’s leadership in technology is critical for national security. Leadership in AI, quantum computing, energy, and cybersecurity is essential for maintaining strategic advantages over global adversaries. China’s authoritarian model prioritizes short-term gains at the expense of long-term innovation, while the U.S.’s free-market system fosters ingenuity and resilience. The Trump administration can secure the nation’s technological and geopolitical future by reestablishing America’s commitment to this model.
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Regulatory missteps have allowed foreign competitors to shape the future of technology. If America is to remain the global leader, bold action is required. With Trump at the helm and a Republican-led Congress ready to act, there’s an opportunity to reaffirm America’s position as the world’s innovation capital. By rejecting past mistakes and embracing free-market principles, the U.S. can ensure the next wave of breakthroughs is made in America, not dictated by Beijing or Brussels.

America’s tech sector can thrive with key confirmations and policies aligned to foster competition and innovation. The Trump administration must seize this chance to rewrite the narrative, empowering businesses, protecting consumers, and securing America’s future as the global leader in tech, thereby further advancing the next revolution to let people prosper.

Originally posted to DC Journal at InsideSources.

Artificial intelligence is reshaping our lives at breakneck speed. From chatbots to self-driving cars, companies like Microsoft, Google, IBM and OpenAI are racing to define the future. Yet, as AI advances, so does the race to patent every corner of this emerging frontier. The stakes are enormous, and how America handles intellectual property rights could make or break innovation in AI.

Unfortunately, the U.S. patent system is rife with inefficiencies threatening to stifle the innovation it’s meant to encourage. Without reform, outdated and inconsistent processes could allow opportunists to gum up the works, leaving innovators tangled in legal disputes instead of building the tools of tomorrow. The result? Higher consumer costs, fewer breakthroughs, and a dangerous edge for global competitors.

The U.S. Patent and Trademark Office has taken a step in the right direction by updating its guidance on AI-related patents. The agency’s deliberate approach aims to ensure patents are carefully considered, but even the best intentions can falter under a bloated system. In 2020, the USPTO received 650,000 patent applications — six times the number from 1965. That volume invites mistakes, which bad actors exploit to stifle competition. Almost half of all disputed patents end up being declared invalid. Clearly, the system isn’t working as it should.

When disputes arise, they land in one of three venues: the U.S. International Trade Commission (ITC), federal courts, or the Patent Trial and Appeal Board (PTAB).

Each venue plays a different role, but the ITC has become a magnet for “patent trolls” — companies that buy up patents not to innovate but to weaponize them against productive businesses. Unlike the PTAB, which uses strict criteria to weed out weak claims, the ITC rarely denies a case. Worse, its decisions often result in exclusion orders — bans on importing products that allegedly infringe patents — even if the claims are dubious. This heavy-handed approach makes it easier for trolls to use litigation as a blunt tool to extort settlements from actual innovators.

​The PTAB, by contrast, offers a more balanced solution. Its stringent review process focuses on merit, reducing frivolous claims while maintaining an accurate, science-based dispute approach. On average, PTAB cases are less expensive and time-consuming than ITC investigations or federal court battles.

Why does this matter for AI?

​Because innovation thrives on competition and freedom. When innovators face barriers like high litigation costs or the threat of exclusion orders, resources that could go toward research and development instead fund legal defenses. Worse, the uncertainty around patents creates a chilling effect, deterring entrepreneurs from entering the field.

In a global economy where nations like China aggressively advance their AI capabilities, America can’t afford to let bureaucratic inefficiencies shackle its innovators. The solution is clear: streamline the patent system to protect property rights while minimizing potential abuse.

This means limiting the ITC’s authority to handle patent disputes and bolstering the PTAB’s capacity to review questionable patents. We can reduce unnecessary burdens on businesses and consumers by ensuring disputes are resolved quickly and fairly by promoting competition.

AI is too important to let regulatory dysfunction stand in the way. If we want America to remain the global leader in technology, we need to prioritize innovation over litigation. The patent system should be a springboard for progress, not a roadblock.
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Let’s get government out of the way and let entrepreneurs do what they do best: solve problems, create value, and make the future brighter for everyone.

​Don't miss my interview today on NTD News about Nvidia's $600 billion decline in market cap due to increased competition from DeepSeek.

We need more market competition, which will help advance the AI revolution and improve prosperity.

Overview
The Trump administration, supported by a Republican-led Congress, has a pivotal chance to reverse the damage inflicted by the Biden administration's misguided antitrust policies. This report outlines the path to unleashing America’s tech potential through innovation, competition, and free-market principles.

Key Points

• Restore the Consumer Welfare Standard: Antitrust enforcement should prioritize consumer benefits rather than penalizing success or favoring bureaucratic control.
• Boost Innovation and Investment: The U.S. tech sector leads global innovation with $450 billion in annual R&D investments, which drive advancements in AI, biotechnology, cybersecurity, and energy.
• Empower Small Businesses and Entrepreneurs: Platforms like Amazon and eBay provide tools for small businesses to reach global markets and fuel regional economic growth.
• Create High-Paying Jobs: The tech industry directly employs 9.4 million workers, with a ripple effect creating additional opportunities in manufacturing, logistics, and construction.
• Enhance National Security: U.S. leadership in AI and quantum computing is essential for maintaining a strategic edge against China and other global adversaries.
• Reject Regulatory Overreach: Excessive regulation under Biden stifled innovation and increased costs for consumers. Removing these barriers will restore competitive markets.
• Encourage Mergers and Acquisitions (M&A): Smart M&A policies enable technological breakthroughs and ensure the U.S. remains an innovation hub, unlike Biden-era policies that blocked critical deals.
• Protect Financial Security: The tech sector underpins the financial stability of millions of Americans, playing a vital role in retirement accounts and pension funds.
• Strengthen Global Competitiveness: By rejecting European-style overregulation and authoritarian state subsidies, the U.S. can maintain its technological dominance and foster free-market innovation.

Conclusion
​The report highlights a roadmap for the Trump administration and Congress to promote free-market policies, secure America’s technological leadership, and prioritize innovation and economic growth. Confirming regulatory leaders who support these principles is vital to achieving these goals.