We need to fix software patents, says outgoing Kappos

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

We need to fix software patents, says outgoing Kappos

In one of his final interviews before leaving office as USPTO Director, David Kappos identified “software and software patenting” as the biggest challenge for his successor.

Speaking to Managing IP before he leaves the USPTO this Friday, Kappos said: “There’s been a lot of controversy over the smartphone patent wars and section 101 on the software side and all of that is important, but there’s also an operational aspect to it.”

David Kappos

David Kappos

He added: “We already have several initiatives underway, including roundtables on the east and west coasts, but that’s going to need to continue. We’re not done until the software industry says we got it right.”

Looking back on his four-year term, Kappos declined to single out anything in particular he is proudest of: “There’s not any one thing, but the giant slate of things we have undertaken and the dizzying array of things we’ve done. When you line up all the projects next to one another, it’s pretty overwhelming.”

He also provided two bits of advice to his (as yet unnamed) successor: listen to your stakeholders and use their guidance and partner with your workforce, especially labour unions.

The full exclusive interview is only available on managingip.com (subscription or free trial required).

Kappos’s comments come as the Court of Appeals for the Federal Circuit prepares to rehear en banc the controversial business method patents case CLS v Alice next week.

The Court has overturned its split decision in July last year to uphold Alice’s patent claims for a computerised trading system which minimises risk.

In 2010 the US Supreme Court said the Federal Circuit’s machine-or-transformation test should not be “the sole test” for patent eligibility.

Meanwhile, the USPTO Patent Trial and Appeal Board has decided its first case under the new Covered Business Method review procedure, SAP v Versata.

The implications of the CLS v Alice hearing and the SAP v Versata decision are discussed further in Federal Circuit and USPTO seek to clarify business method patents (subscription or free trial required).



more from across site and SHARED ros bottom lb

More from across our site

The association, which will head to London in 2026, hosted its flagship event in the Californian city in 2005, 2015 and 2025
Partner Charlie Henn reveals some key achievements from 2024 and explains how the firm takes advantage of its experience
The Delhi High Court declined to stop Dr. Reddy’s from manufacturing Novo Nordisk’s drug, but will continue to hear the Danish company’s injunction application
More than 80 women have entered the top 250 list this year, which includes trailblazing practitioners from more than 50 jurisdictions
IP STARS, Managing IP’s accreditation title, reveals its latest trademark rankings and discloses which firms dominated their respective markets
Today’s rankings release marks a special moment in Managing IP’s calendar, and lawyers should feel proud of their achievements
A new dispute involving Mondelēz and Aldi, and a copyright ruling related to 'Eleanor’ Ford Mustangs were also among the top talking points this week
Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Gift this article