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

Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Gift this article