USPTO chief David Kappos on implementing the AIA

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Niall Trainor, managing attorney at Hasbro, says brands could boost their business with careful portfolio culling
A decision by the Paris Central Division will lead to more IP work for outside counsel, say sources
Courts are encouraged to deliver judgments within three months of a trial, but that deadline has been missed in several recent cases
Lawyers at Maiwald and Sterne Kessler analyse how patents with claims directed to medical treatments are handled in the US and in Europe
Michael DeVincenzo explains how he and his team convinced the Federal Circuit to find in favour of his client in a patent case against Salesforce
Funders and a litigator explain how litigation funding disclosure requirements could affect their business
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Discussions about whether to seek director reviews can come up frequently with clients, even though actual grant rates are rare
In the latest episode, we discuss why IP firms might be attractive to PE investors and bring you the latest news on submissions for next year’s IP STARS rankings
Back-to-back PE deals for IP firms in recent years show that IP firms are sitting on goldmines, so traditional partnerships should be open to change
Gift this article