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 2024

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 ros bottom lb

More from across our site

External investor-controlled IP firms have both downsides and upsides, so they don’t deserve all the flak they get
Andrew Blattman, CEO of IPH, tells Managing IP what’s next for the group in Canada and how it navigates issues such as conflicts and cost efficiency
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
In-house counsel explain how they develop or maintain 'IP-aware' cultures at their companies and how private practice lawyers can help
Josh Budwin, principal at the firm, said the case was one of the most complex technology disputes he's ever worked on
For the latest article in our regular series covering UPC developments, we summarise five rulings and highlight what’s expected later this month
John Keville, partner at Sheppard Mullin, explains how he secured a patent subject matter eligibility victory for his client against GoPro
An IP partner at Womble Bond Dickinson explains how its combination with Lewis Roca will create a fully-rounded litigation and prosecution service
Ronen Speyer of Evalueserve explains why in a competitive business landscape, IP has become a key driver in gaining a competitive advantage
Michael Sharp, who moved to Canadian firm Field Law from Aurora Cannabis in June, said he is enjoying cross-practice collaboration at his new firm
Gift this article