US government report targets software patents

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US government report targets software patents

Focus on the type of patent, rather than the identity of the litigant: that was the conclusion of a US Government Accountability Office report into patent litigation and patent quality published this week

The report, which was mandated under Section 34 of the America Invents Act, noted that lawsuits involving software-related patents accounted for about 89% of the increase in defendants between 2007 and 2011. It added that most of the suits brought by so-called patent monetisation entities involved software-related patents.

In 2011 patents related to software made up more than half of all patents issued in the United States.

The report concluded that a focus on whether the litigants are operating or non-operating companies, individual inventors or big companies etc, may be “misplaced”.

The GAO welcomed the USPTO’s recent efforts “to work with the software industry to more uniformly define software terminology and make it easier to identify relevant patents and patent owners”.

It also recommended that the USPTO consider examining trends in patent infringement litigation, including the types of patents and issues in dispute, and consider linking this information to internal data on patent examination to improve the quality of issued patents and the patent examination process.

That was the only recommendation made in the report.

In a response, Teresa Stanek Rea, acting director of the USPTO, said the Office concurred with the recommendation.

She said the Office agreed “it would be appropriate to consider making better use of information [relating to patent cases] by examining trends in patent infringement litigation”. It also agreed that it would be appropriate to consider linking trends in patent litigation to internal data on patent examination.

more from across site and SHARED ros bottom lb

More from across our site

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article