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USPTO Director Ends IPR Against Midas Green Technologies

On 25 July 2025, K&L Gates secured an important win for its client, Midas Green Technologies, LLC. Acting USPTO Director Coke Morgan Stewart granted Director review and denied institution of an inter partes review (IPR)...more

Implementing Berkheimer: Shifting the Examination Burden at the USPTO

In the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank Int’l, the Supreme Court cemented a two-step framework for determining whether a patent claim is ineligible for patenting under §101. The first step assesses...more

Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless...more

Software Patents Set for Supreme Court Consideration

The Supreme Court is set to weigh in on the muddled law of software patent eligibility. On Friday, December 6, the Supreme Court granted a petition for certiorari in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. CLS is an...more

What Is Next for Software Patents?

Over the past few weeks, the United States federal courts and the patent office have issued several significant decisions addressing the patent subject matter eligibility of software-related inventions in the United States....more

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