Posts Tagged: "Kappos Interview"

It makes no sense for an algorithm to be unpatentable simply because it is implemented in software

KAPPOS: “Back when I was an engineer we saw it in mainframe computers where you’d make an invention and frequently initially the software wasn’t fast enough to be able to run the algorithm. So the algorithm would first be built in silicon, really expensive, but you’d wind up then fabbing up chips to be special purpose chips to run the algorithm. And then later as the software got faster the underlying computer systems got faster you’d reimplement the same algorithm in software, same algorithm, same invention but just reimplement it in software and then even later after that when the ASIC density got good enough you’d reimplement yet again in an application-specific integrated circuit, an ASIC. And so you’d have a little bit of a hybrid, if you will, but more on the hardware side, it’s an IC. It’s again putting the algorithm in a chip. And so what you’d see by looking at that is that it made no sense to say that an algorithm was patentable if it was implemented in a hardware chip. But the same algorithm implemented in software was unpatentable. Just didn’t make sense to say that.”

The Case for Software Patentability, An Interview with David Kappos

KAPPOS: ”Companies like Microsoft and Apple and GE — all of whom are members [of the Partnership for American Innovation] along with IBM, Ford, DuPont and Pfizer as well as smaller companies like Many Worlds and Second Sight — all of them are engaged in the hard work of making major, I’ll call it bone-grinding innovations. Second Sight is literally coming up with electro mechanical and implantable human interfacing medical technology that enables blind people to see. And like you said, Gene, serious software development involving lots of super smart people and putting in tremendous amount of time with a lot of specialized expertise, devising solutions to very important problems. You know, enabling blind people to see — it’s hard to imagine a more tangible, practical and important problem than that.”

David Kappos – The Exit Interview

The Kappos era at the USPTO also largely coincides with the time frame where I started to write daily (sometimes more). I attend public events at the USPTO and have interviewed Director Kappos several times and most of his top lieutenants. I have gotten to know Director Kappos and have seen first hand what his leadership has meant to not only the USPTO, but to the larger patent system in general. He has been a friend to the patent system and in my opinion is leaving the Patent Office far better than he found it. He will be sorely missed when he leaves at the end of the month, although he will leave with an excellent management team in place to carry forward the work for which he has laid the foundation.

Kappos 2.0: USPTO Funding, Board Hiring & Harmonization

In this installment we learn from Director Kappos that the USPTO budget is not a problem whatsoever. While the Office did not achieve a permanent end to fee diversion, Congress has appropriated $2.7 billion for the USPTO for this fiscal year. The USPTO is NOT operating under a Continuing Resolution (CR) as is the case with most of the rest of the federal government. Furthermore, current projections have the USPTO collecting $2.5 billion in fees this fiscal year, so there will be a $200 million subsidizing of the USPTO by the General Treasury.

Kappos 2.0: Part 2 of my Interview with David Kappos

The beginning of Part 2 of my interview picks up where we left off, but more generally broadens out to generically ask how Kappos approaches the daunting task of getting over 6000 patent examiners on the same page to provide uniformity when by the very nature of the decisions they make they are dealing with one-of-a-kind innovations. There is always going to be subjectivity in prosecution, but the Kappos Administration seems to have gone back the philosophy of old, which is that patents should be granted on patentable inventions and it is the job of patent examiners, with the help of applicants and attorneys, to work together to find patent allowable matter in applications. But getting the message from the 10th floor of the Madison Building to trickle down to 6000+ patent examiners is something that cannot be taken for granted.

Kappos 2.0: Exclusive Interview with PTO Director David Kappos

Director Kappos was extremely gracious with his time, speaking to me on the record for nearly 90 minutes. He answered every one of my questions without dodging, and even spent time to discuss several things I did not raise. Truthfully, I could have spoken with Director Kappos for many additional hours, but I believe you will find that neither I or he shied away from any topics. We chatted about the problems with lengthy application delays, the increasing discontent within the patent bar regarding RCE filings, the America Invents Act and the challenges he faces getting 6000+ patent examiners on the same page with policy initiatives, among many other things.

Interview Exclusive: USPTO Director David Kappos

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 Interview at 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.

Behind the Scenes: A Day in the Life of David Kappos

On July 19, 2010, I was granted back stage pass of sorts, for a behind-the-scenes look at the United States Patent and Trademark Office. I had, initially requested an interview with Director David Kappos and was given an affirmative response, but then I floated the idea of a three-part series to commemorate the first anniversary of David Kappos leaving the private sector to take the helm at the USPTO. Rather than just do an interview, I suggested something different. I thought it might be particularly interesting to profile a day in the life of David Kappos, much like the President allows certain journalists to do by giving them access to the White House for a day, with an associated tour and interview. Peter Pappas, the Chief Communications Officer and Senior Advisor to Kappos, liked the idea and agreed to work with me to get it scheduled.

Varsity Sponsors

IPWatchdog Events

PTAB Masters™ 2023
January 31 @ 8:00 am - February 1 @ 1:30 pm EST
Software Masters™ 2023
March 7 @ 8:00 am - March 8 @ 1:00 pm EST
International Trade Commission Masters™ 2023
April 11 @ 8:00 am - April 12 @ 3:00 pm EDT
Patent Litigation Masters™ 2023
May 16 @ 8:00 am - May 17 @ 3:00 pm EDT
Patent Prosecution Masters™ 2023
June 20 @ 8:00 am - June 21 @ 5:00 pm EDT

From IPWatchdog