We need to fix software patents, says outgoing Kappos

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 SHARED ros bottom lb

More from across our site

News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
Gift this article