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 2026

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

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article