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

Peter O’Sullivan, a former professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Leaders at IP boutique say the decision to pursue sponsorless partnership with the specialised investment arm of a private equity firm comes at a time of ‘profound transformation’ in the profession
Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Gift this article