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

Cookies Settings

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

Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
David Degen is senior IP counsel at Novartis, Switzerland
Demetrio Roberto Cavicchia is an IP director at Angelini Pharma in Italy
Schwitulla is the head of litigation management at Nokia in Germany
Almeida is the IP group leader at Bosch in Brazil
Gift this article