Patent Law Practice Center

Interview Exclusive: USPTO Director David Kappos

Written by Gene Quinn (of IPWatchdog.com and Practice Center Contributor)

On Monday, July 19, 2010, I was granted behind the scenes access to the United States Patent and Trademark Office, and was allowed to follow USPTO Director David Kappos throughout the day as he went from meeting to meeting. I have already chronicled much of the events of the day in the previous article– Behind the Scenes:  A Day in the Life of David Kappos. At the end of the day I was granted a 30 minute interview with Director Kappos, which appears below.

In this interview Kappos discusses with me his management style, his famously long hours, how he manages to inspire the Office to work harder than ever before, his efforts to get funding for the Office, how the USPTO can help innovators create new businesses and new jobs, and how to inspire young people to do public service. We also learn that he and Judge Rader share the same favorite movie (see Judge Rader Interviewat the end), he likes Star Trek and Star Wars equally (an astute political answer no doubt) and the famous American inventor he would like to meet is a “Mount Rushmore” inventor.

In terms of interview mechanics, I was joined in Director Kappos’ office by Drew Hirshfeld, Chief of Staff, and Peter Pappas, Chief Communications Officer and Kappos’ Senior Advisor.

Now, I proudly present my interview with Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, David Kappos.

QUINN: Thank you very much Director for taking the time at the end of this day.

KAPPOS: You Bet!

QUINN: I appreciate your giving me the opportunity to get an inside view of the PTO. And one of the things I try to do whenever I sit down and chat with people is to get a behind the scenes look. I got a good look today but one of the things I’d like to ask you about, since you spent so many years in the private sector, is what management techniques have you brought from the private sector into the government? (more…)

Lots of Support at Patent Office Three Track Public Meeting

Written by Gene Quinn (of IPWatchdog.com and Practice Center Contributor)

[Tuesday] the United States Patent and Trademark Office held a public meeting on the so-called Three Track examination proposal, with everyone in agreement that the proposal is quite welcome, at least in principle.  On June 4, 2010, the USPTO published a Notice in the Federal Register setting out the preliminary Three Track proposal and setting Tuesday, July 20, 2010 as a date for the public to come to the Alexandria, Virginia campus to let PTO Officials hear their thoughts.  This public meeting proceeds the due date of written comments by a full month, and many of those who spoke explained they would continue to review the proposal and follow up with additional written comments.  For more information on the specifics of the proposal please see USPTO Announces New Examination Rules.

One thing can be said definitively: everyone thinks it is a good idea, no one has issues with accelerating applications (Track 1) or allowing them to remain on course as today (Track 2), but there were numerous concerns raised about applicants slowing applications down (Track 3).  The good news for the PTO, however, is that speaker after speaker highlighted the same or similar concerns, so it does appear as if there are a finite set of manageable considerations for the PTO to address.  In fact, the senior PTO Officials that I spoke with after the public meeting were extremely pleased and quite grateful.  I was told by one senior PTO Official that the points raised were all good and that the PTO intends to take them into consideration and address the concerns, along with whatever written feedback they receive.  What a refreshing change that will be! (more…)

Top 10 Patent Issues for Patent Practioners

I recently asked Thomas Creel, of Thomas L. Creel P.C., former patent law professor for 20 years at Columbia University Law School, that with all the latest developments in the patent community including the rebirth of patent reform, the recent court cases regarding what is patentable subject matter and the proposed changes in PTO procedures, what are the top 10 areas of interest for Patent  Practioners right now?  Here is what he had to say….

1.  Economy – There’s been a lot of talk about how the economy has and is changing the practice of law, particularly in private practice. For example, new billings methods have been proposed to replace the hourly billing traditional system. Have there been discernable economic and structural changes which have affected the patent practitioner, and how are they likely in the future to affect him or her?  For example, what is the future of the big boutique law firms (such as Finnegan, Henderson; Kenyon & Kenyon; Fitzpatrick, Cella, etc.) vs. the IP sections of large general firms?  How about large corporations- has the economy affected the filing of patent applications or the handling of litigation?  Another aspect of this might be what the average charge is for prosecution, litigation, licensing, etc. (more…)