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

Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Gift this article