US government report targets software patents
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Lawyers weigh in on the USPTO’s request for comment on the effects of AI on prior art analysis and obviousness determinations
A vast majority of corporates – especially smaller businesses – rely on a trusted referral when instructing external counsel, according to a survey of nearly 29,000 in-house counsel
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
The Munich Regional Court ruled that Lenovo was an unwilling licensee and had engaged in ‘holdout’ tactics
Technological innovation should play a critical role in advancing sustainable practices, argues Justin Delfino, global head of IP and R&D at Evalueserve
Ewan Grist of Bird & Bird, who acted for Lidl in its trademark victory against Tesco, reveals some of the lessons brand owners can take from the judgment
Dolby’s lawsuit at the Delhi High Court follows a record win by Ericsson earlier this year against the same defendant
Tee Tan, chief information officer at the owner of several IP firms, says to avoid tech just for the sake of it and explains how his company builds in-house tools
Regardless of whether the FTC’s ban on non-competes goes into effect, businesses should stop relying on these agreements
Mary Till, a former legal advisor at the USPTO who has joined Finnegan this week, is looking forward to providing clients with a USPTO perspective
Gift this article