Hon. David Kappos

David J. Kappos is a partner at Cravath.  He is a leader in the field of intellectual property, including IP management and strategy, the development of global IP norms, laws and practices as well as commercialization and enforcement of innovation-based assets.  From 2009 to 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO).  In that role, he advised the President, the Secretary of Commerce and the Administration on IP policy matters.  Mr. Kappos led the Agency in dramatically reengineering its entire management and operational systems and its engagement with the global innovation community.  He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the Leahy‑Smith America Invents Act, signed into law by President Obama in September 2011.

Prior to leading the USPTO, Mr. Kappos held several executive posts in the legal department of IBM, the world’s largest patent holder.  From 2003 to 2009, he served as the company’s chief intellectual property lawyer.  In that capacity, he managed global intellectual property activities for IBM, including all aspects of patent, trademark, copyright and trade secret protection and exploitation.  During his more than 25 years at IBM, he also served in a variety of other roles including litigation counsel and Asia Pacific IP counsel, where he led all aspects of IP protection, including licensing, transactions support and M&A activity for the Asia/Pacific region.

Explainer: Standard Essential Patents and National Security

By Christopher Borges Technology standards are a critical domain of international cooperation and competition in high technology. Standards create a common language for communication about technology and innovation, allowing firms to collaborate and develop interoperable products. At the same time, for some critical and emerging technologies such as telecommunications and artificial
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Assessing the Patent and Trademark Office’s Inventorship Guidance for AI-Assisted Inventions

By Alexander Kersten As new applications of artificial intelligence (AI) become more sophisticated, AI tools are increasingly used to assist in the process of invention. However, given that inventorship is limited to natural persons under U.S. law, AI’s growing utilization has raised questions around whether AI-assisted inventions should receive patents,
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Securing IP and the Future of Pandemic Preparedness

By Jeffrey Depp In December 2021, member states of the World Health Organization (WHO) at a Special Session of the World Health Assembly created an intergovernmental negotiating body (INB) to draft and negotiate a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness, and response (“Pandemic Agreement”). The
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