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

Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Chunguang Hu of China PAT explains why his ‘insider’ experience as a patent examiner benefits clients and why he wants to debunk the myth that IP has limited value in China
Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
Gift this article