David Kappos, the head of the United States Patent and Trademark Office, offered a strong defense of software patents in a Tuesday address at the Center for American Progress. Kappos touted several provisions of the America Invents Act (AIA), which he argued would allow the patent office to weed out low-quality software and business method patents.
Addressing those who claim the patent system is broken, Kappos said, "Give it a rest already. Give the AIA a chance to work. Give it a chance to even get started."
Kappos focused on the post-grant review procedure established by the AIA. This procedure allows third parties to challenge the validity of a patent after it has been approved by the patent office. He noted that the courts have tightened the rules for patent eligibility, and said that the new procedures established by the AIA "gives us the opportunity to address patents that would not have issued under current law."
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