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 new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
Gift this article