US Patent Chief to Step Down - Ask Any Law Question for

By ASHBY JONES

U.S. patent chief David Kappos, who will step down in January, is leaving his successor a couple of gifts: an overhauled patent code and a somewhat smaller application backlog.

Mr. Kappos, 51 years old, took over as director of the U.S. Patent and Trademark Office in August 2009. He will leave around the end of January, according to an email to employees Monday. He is widely credited for making the federal agency more efficient during his 3? year tenure and for helping put into place some of the biggest changes in decades to the system of granting patents.

The agency?s backlog of patent applications has fallen to about 605,000 from 750,000 at the end of 2008?despite the fact that applications are increasing by about 5% every year.

Mr. Kappos hasn?t announced any plans, a PTO spokesman said. Earlier, he worked at International Business Machines Corp. for 25 years, including as top patent attorney.

Teresa Stanek Rea, the patent office?s deputy director, will be its acting director until a permanent appointment is made. Before joining the agency as deputy director in 2011, Ms. Rea was a partner in law firm Crowell & Moring LLP?s Washington, D.C., office.

The America Invents Act of 2011, which Mr. Kappos helped guide through Congress, fundamentally changed how inventors and companies receive patents. The law has largely brought the U.S. in line with European and Asian countries, which award patents on a ?first to file? basis. Historically, the U.S. has awarded patents on a ?first to invent? basis, and the law was designed, in part, to eliminate costly legal disputes over who invented something.

Mr. Kappos was responsible for crafting a variety of rules to implement the act. He also hired dozens of new patent examiners at the patent office, based in Alexandria, Va., and helped set up the PTO?s first satellite offices, in Detroit, Denver, Dallas and San Jose, Calif., which are set to open next year.

The PTO is still often criticized for issuing too many patents, especially on software innovations. Critics say that too often such patents don?t break new ground and clog the courts with unnecessary lawsuits.

In a recent address at the Center for American Progress, Mr. Kappos pointed to provisions in the America Invents Act that he said would better enable patent examiners to reject unworthy software patents. He encouraged critics to give the new law a chance to work.

Mr. Kappos ?and his team have set the PTO on course to implement the key provisions of the Act, which will improve the patent system for decades to come,? said Sen. Patrick Leahy (D. Vt.), one of the bill?s co-sponsors.

In a statement Monday, Mr. Kappos, said: ?I believe we have made great progress in reducing the patent backlog, increasing operational efficiency, and exerting leadership in [intellectual property] policy domestically and internationally,? he said.

Write to Ashby Jones at ashby.jones@wsj.com

Source: http://justasklegal.com/u-s-patent-chief-to-step-down/7863/

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