With an impressive resume and a desire to implement substantive changes in process and procedures at the USPTO, newly appointed Director Kappos is off to a running start. Optimism and well-wishes have abounded in the IP community, despite the lackluster appeal of proposed “reform” and rule changes.

During a speech in November to the Independent Inventors Conference, Kappos outlined his main goals: 1. Postgrant process legislation as an alternative to litigation which dissuades “serial challenges” and increases “value and enforceability.” 2. Economic realities have caused a significant deficit in the PTO budget, however discounts to inventors and microentities will not be affected, despite the possibility that fees may be raised in other areas. 3. Pendency reduction procedure initiatives include a “pre-first action interview program,” the Patent Prosecution Highway (PPH) program for international filing, and a recalculation of the examiner credit (”count”) system allotting more time for first action review, in addition to inter-procedural streamlining, IT infrastructure upgrading, and a ‘application swap’ pilot program allowing inventors to bump a newer application up the queue in exchange for abandonment of a pending, unexamined application. 4. A “first inventor to file” system as distinguished from a “first to file” system.

Other new appointees include Bob Stoll who replaces John Doll as Commissioner of Patents. His diverse 27 year agency experience includes Administrator of Legislative Affairs, Director of Enforcement, and Dean of Training and Education. The new Deputy Commissioner, Peggy Focarino, has been integral in new examiner training processes and the teleworking programs. Finally, Sharon Barner, Deputy Director under Kappos, brings top international patent litigation experience to the team. Additionally, a new USTR, Michael Punke, and FTC Chairman, Jon Leibowitz, join the fray. The diverse public/private professional experiences of these appointees will make realization of Kappos’ general goals either a greater challenge or an easier outcome. Time will tell.