SAN JOSE, Calif. The recently installed director of the U.S. Patent and Trademark Office used his first blog to lobby for a patent reform bill now being debated in Congress.
David Kappos directed his comments to independent inventors, many of whom are suspicious of parts of the proposed bill. The draft legislation includes several controversial measures promoted by big technology companies, in part to reduce the amount of damages from infringement and provide more ways to challenge patents.
Kappos, former head of intellectual property at IBM, characterized the draft bill as "the product of a series of compromises in the eyes of virtually every segment of the IP community," he wrote in his blog. "But it is also a vast improvement over what we have now--and there is a strong consensus that the status quo is simply unsustainable," he added.
The draft bill gives the patent office the right to raise fees something it "desperately needs," Kappos said. In part that is because the office faces a historic backlog of applications.
A heavily debated part of the bill defines a new process for challenging a patent after it has been granted. Kappos lobbied for the post-grant review in his blog without providing details of the draft which is now being discussed in private meetings.
He also touched on another hot button—the move from a first to invent to a first to file system which has raised concerns with individual inventors and small companies. They fear competitors with more resources will be able to file more patents more often than they can.
"The truth is that only .01 percent of all patent applications could be affected by a change to first inventor to file," Kappos write. "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," he added.
Kappos also pointed to a speech he gave on patent reform to a recent gathering of inventors.