USPTO Director to Step Down, Praises Smartphone Lawsuit War as "Innovation"
November 27, 2012 2:14 PM
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According to the former IBM consul, the patent system has never been healthier
increasingly noisy criticism
about questionable patents (see: Apple, Inc. (
patents animating turning pages
criticism from veteran judges
regarded as some of the nation's foremost intellectual property experts, the head of the
U.S. Patent and Trademark Office
is firing back.
David Kappos, who has served as USPTO Director for the past several years, delivered a pointed speech a week ago entitled "
An Examination of Software Patents
" in which he argues that software patents are perfectly valid and comments, "[Critics should] move beyond the flippant rhetoric and instead engage in substantive discussion."
He said in the speech that rather than proof of a broken system, the deluge of smartphone patent lawsuits is a sign that the smartphone industry is engaging in innovation at a "breakneck pace". Directly addressing those who say the system is broken, he comments rhetorically, "Broken? What?"
But Director Kappos' days of defending the USPTO's current policies are coming to a close, as he
this week that he would be stepping down. The lawyer, who previously served as an attorney for International Business Machines, Inc. (
) did not say what his future plans were. The announcement was considered somewhat unexpected.
USPTO Director David Kappos [Image Source: Center for Am. Progress/Flickr]
Even Director Kappos' critics praise some of his moves, such as his push to appoint more patent examiners, to reduce a backlog of filings, which in turn tend to lead to hasty examinations. During his tenure examiners increased to 8,000, a 30% increase.
He also pushed for cooperation with the engineering community via making information available to Stack Exchange, as a means of expediting the search for prior art.
Other moves were largely outside the Director's control. For example, Congress tasked him with implementing the
America Invents Act of 2011
switches the U.S.
from a first-to-invent to a first-to-file system for patents filed after March 2013.
Director Kappos was tasked with executing the change to first-to-file. [Image Source: Unknown]
Yet other moves still were viewed in a mixed light; for example his decision to open patent examination offices in New York City and Silicon Valley drew praise from some, but raised fears from others who feared that it would give software companies a quicker path to inundated the filing channels with "junk" patents.
There has been no announcement yet on who will take over as Director at the USPTO.
This article is over a month old, voting and posting comments is disabled
The system is broken!
11/27/2012 5:49:25 PM
The system is broken when you can patent simple gestures, obvious inventions, file formats, etc. It is broken for the following reasons:
- It becomes a market barrier for new companies that start up without a patent portfolio.
- It makes the “real” inventions much less valuable, because companies can get the same level of exclusivity with one of the silly patents.
- It increases the cost of doing business. To run a business you have to acquire or file for loads of patents simply to defend yourself. Add the cost of litigation on top of that.
- It reduces completion in the market and choice for the consumers.
The system is broken and this guy was part of the problem.
"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997
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