Kappos Blogs

USPTO Director David Kappos started a blog this past week:  http://www.uspto.gov/blog/director/entry/director_s_forum_david_kappos.  In his first blog posting, he explains his reasons for preferring a first-to-file patent system:

The truth is that only .01 percent of all patent applications could be affected by a change to first inventor to file. The interference system is already biased in favor of the first inventor to file and 70 percent of the extremely small number of cases that get into the interference process are decided in favor of the first inventor to file. 

USPTO Rescinds Rules

The USPTO yesterday rescinded its controversial rules that the Federal Circuit ruled on earlier this year.  The USPTO's announcement also indicates that it will file a motion in the pending appeal to dismiss and vacate the district court's rulings.  That's great news for most patent applicants and a promising, significant step for Kappos.

Kappos Confirmed

The Senate today confirmed the appointment of IBM's David Kappos to the position of Director, USPTO.  It is likely that Mr. Kappos will overhaul aspects of the USPTO's practice.

Judiciary Committee Chairperson Patrick J. Leahy (D-Vt.) issued a statement that he looks forward to working with the new Director on patent reform.

See prior blog entries on Kappos' signals and IPReview article.

Kappos Signals Changes at USPTO

Law360 reports that David Kappos, who President Obama and Gary Locke have nominated to head the USPTO, will implement various changes at the USPTO, including an overhaul of the "count" metric that the USPTO uses to evaluate and incentivize patent examiners. 

Some other changes he may implement are summarized in his IPReview articles I wrote about earlier.

Patent Policy Under David Kappos

Sister blog ChipLawBlog reports that IBM's David Kappos has been nominated to be the new Commissioner of the Patent and Trademark Office.  Several commentators reported about a month ago that he was being considered, including IPWatchdogDennis Crouch, and others. 

ChipLawBlog summarized some points Mr. Kappos made during his testimony on patent reform.  As he awaits Senate confirmation, it may be interesting to consider these additional points he made when he summarized IBM's patent strategy in an IPReview article published in February, 2007:

  • Patent applicants are responsible for the quality and clarity of their patent applications.
  • Patent applications should be available for public examination.
  • Patent ownership should be transparent and easily discernable.
  • Pure business methods without technical merit should not be patentable.

If Mr. Kappos helped to craft this strategy for IBM, it may be an indication of the patent policy he could strive to implement.