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 2025

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

As revenue reporting season hits full stride, firms have made a point of highlighting the successes of their IP teams as they take centre stage in big-ticket work
GSK and CureVac will together receive $740 million, as well as royalties on sales of COVID-19 vaccines in the US
The firm, which represented Getty in one of the most closely followed copyright cases in recent years, said IP was among its standout practice areas
The decision to divide was partly due to differing visions over the impact of technology on IP work, according to one partner
The Bar Council of India’s warning to Dentons Link Legal and CMS IndusLaw shows why foreign firms are right to worry about India’s legal market
News of a trade secrets leak involving TSMC and an action in Japan against AI startup Perplexity were also among the top talking points
Rothwell Figg partner Leo Loughlin discusses the importance of pro bono work and why ‘For the Kids’ should not be monopolised for trademark purposes
A new consultancy firm, set up by a former Warner Bros and Netflix lawyer, aims to resolve tensions between AI developers and the creative industries
Raúl Rubio, partner at Pérez-Llorca, outlines the firm’s AI initiatives and says solutions for law firms have yet to reach the required level of sophistication
MBIP principals Andy Mukherji and Ellen Reid discuss the firm’s combination with Jones Tulloch and reveal why younger firms stand to gain from AI demand
Gift this article