Survey: In-house counsel on the US patent landscape

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

Survey: In-house counsel on the US patent landscape

surveyfinalcover.jpg

Fifty four in-house counsel took our survey on how the US patent pendulum has moved and how the courts and the USPTO have changed

Change to the US patent landscape has been controversial. What one lawyer thinks is a common-sense measure to cut down on bad patents, another might consider a disaster designed to kill innovation in an industry.

As IP in-house counsel consider how legislative reforms, courts conducting hearings remotely because of COVID-19, and the 2020 presidential elections will affect their IP strategies, we wanted to understand how they felt about the state of the US patent landscape.

The 54 in-house lawyers who took our survey weighed in on Andrei Iancu’s appointment to director of the USPTO, the PTAB and where the patent pendulum is swinging.

Section one: Broad concerns

In part one, more lawyers thought President Donald Trump’s views on IP were better for their business than those of the Democratic Party’s Joe Biden, but the majority of respondents said either that they ‘didn’t know’ whose IP views among the two men would be better for their businesses or that neither’s were. And while most counsel said the US is not too patent friendly, they were divided on how the pendulum is swinging. Read more here.

Section two: The courts

In part two, respondents said that they wanted to see more remote hearings in the future and that Delaware was their preferred court to litigate in. Read more here.

Section three: The USPTO

In part three, a large majority of respondents said director Iancu was doing a good job, but there was no clear consensus on the PTAB. Read more here.



more from across site and SHARED ros bottom lb

More from across our site

IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
Gift this article