Norton Rose Fulbright Survey Reveals Steady US Patent Disputes Amid Rising Concerns Over Third-Party Funding

Norton Rose Fulbright conducted a comprehensive survey involving 400 corporate counsel across the United States to assess their perspectives on intellectual property risks anticipated in 2026. The survey focused on key areas including patent disputes, trade secret protection, trademark enforcement, and copyright challenges.

Respondents indicated that the volume of patent disputes in the US is expected to remain stable in the near term. This suggests a plateau following previous fluctuations in patent litigation activity. However, the survey also revealed growing apprehension regarding the influence of third-party litigation funding on the intellectual property landscape.

Third-party funding, which involves external investors financing patent litigation in exchange for a share of potential recoveries, is perceived by many corporate counsel as a factor that could increase the risk profile of patent disputes. The influx of such funding may encourage more aggressive enforcement strategies and potentially lead to higher litigation volumes or more complex cases.

Beyond patents, the survey explored corporate counsel’s views on risks related to trade secrets, trademarks, and copyrights. While the report does not detail specific trends in these areas, the inclusion underscores the broad scope of intellectual property concerns facing US companies.

The findings from Norton Rose Fulbright provide valuable insights for legal practitioners, corporate decision-makers, and policymakers monitoring the dynamics of intellectual property enforcement and litigation financing. Understanding these trends is critical for developing effective risk management strategies and anticipating shifts in the US IP environment.

As third-party funding continues to evolve, its impact on patent dispute risk will be a key area to watch in 2026 and beyond. Companies may need to adapt their approaches to litigation and intellectual property protection accordingly.

This survey adds to the growing body of research highlighting the complexities of modern IP enforcement and the interplay between financial mechanisms and legal risk. It underscores the importance of ongoing vigilance and strategic planning in managing intellectual property portfolios.

Norton Rose Fulbright’s research contributes to a nuanced understanding of the US patent dispute landscape, emphasizing both stability in dispute volumes and emerging challenges related to funding and enforcement tactics.