In a statement released yesterday evening, the White House announced its "intent to nominate" Kappos, whose official job title at IBM is vice president and assistant general counsel for IP law.
Kappos is also on the board of directors of American Intellectual Property Law Association, the Intellectual Property Owners Association and International IP Society.
US Secretary of Commerce, Gary Locke said on April 31 that the government had selected a candidate for the post but kept the identity secret while carrying out background checks on the candidate.
At that time the shortlist was thought to include Kappos, Q Todd Dickinson of AIPLA, James Pooley of Morrison & Foerster and Mike Kirk, former AIPLA executive director.
On March 9 this year, Kappos testified before the US Senate Judiciary Committee in favour of S515, the draft Patent Reform Act.
In April the Committee approved an amended version of the Act that included important compromises on the controversial damages provisions in the Act.
The Coalition for Patent Fairness, which represents high-tech companies and has also backed the Congressional proposals, said it supported the appointment.
"Mr Kappos has the background and experience needed to lead the US Patent Office at a time when it faces significant operational challenges in an ever-evolving competitive global marketplace," its statement says.
Senator Patrick Leahy, a leader on US patent reform, has also praised the appointment, saying: "His experience both as a development engineer and as a leading intellectual property attorney make Mr Kappos exceptionally qualified to lead the Patent and Trademark Office."