USPTO chief David Kappos on implementing the AIA

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

USPTO chief David Kappos on implementing the AIA

aipla12-115.jpg

USPTO Director David Kappos kicked off the AIPLA’s largest Annual Meeting to date. He told attendees that “tactical thinking” will be key for practitioners in the months leading up to final implementation of the America Invents Act

“You can make choices right now about what and when you file, before or after the cut-off date,” said Kappos during an interview with AIPLA Executive Director Q. Todd Dickinson.

David Kappos-Todd Dickinson

The Dickinson-Kappos conversation-style interview has become an Annual Meeting staple in which Dickinson poses candid questions about the patent system. This year, AIPLA submitted 30 sets of comments to the USPTO on the implementation of the America Invents Act (AIA), which required a “great effort” in order to meet the USPTO’s tight deadlines. Many of the Association’s comments were adopted as part of the final rules packages, but certain “anomalies” remain, said Dickinson yesterday.

When Dickinson asked Kappos whether those would “get straightened out”, Kappos said that “there are some areas where we’ll be bumping up against the statute,” so the law will have to develop on its own.

Despite the Office’s busiest year ever in publishing rules packages on the AIA, Kappos reported that the backlog of patent applications is down to 605,000 and on track to fall below 600,000 within a few weeks. While the number of new applications continues to grow, Kappos said he isn’t worried. “We are a country that cares about IP and it shows in the growth in filing rates,” said the Director.

Asked what lessons he has learned during the AIA implementation process, Kappos told Dickinson: “The most important lesson by far is that no matter how hard you try, no matter how much experience you may have, it’s impossible to get things right without the cooperation of user groups, with AIPLA right at the head of that pack.”


Download the AIPLA Daily Report, published by Managing IP from Washington, DC from our conference newspapers page.



more from across site and SHARED ros bottom lb

More from across our site

A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Not all private equity firms are the same, so leaders at four externally backed IP firms came together to discuss the frameworks they followed and how they ensured a cultural fit
Top-tier German and Spanish firms are among the advisers on a Europe-wide copyright and licensing tussle concerning the design of the track circuit in Madrid
Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
Gift this article