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USPTO Welcomes Back Software Innovations with its New 101 Guidelines.

The new guidelines are very favorable to patent applicants. In my practice, I am seeing many Examiners withdrawing their 101 rejections. It appears that the Patent Trial and Appeal Board (PTAB) is following suit and increasingly reversing previously issued 101 rejections based on the new guidelines. I believe this trend will continue and we will see an easier and a more predictable path toward allowance for software innovations. There was much need for clarity in dealing with 101 issues and it appears that clarity has finally arrived. 

About the Author

Babak Akhlaghi is a registered patent attorney and the Managing Director of NovoTech Patent Firm, where he helps technology companies build investor‑grade patent portfolios that support fundraising, defensibility, and long‑term competitive advantage. His practice centers on patent strategy, portfolio architecture, and high‑leverage drafting for companies developing AI, machine learning, quantum computing, advanced software‑driven systems, robotics, and other emerging technologies.

Babak is also a permanent Adjunct Professor at the University of Maryland, where he teaches Legal Aspects of Entrepreneurship, bringing real‑world IP strategy experience directly into the academic environment.

He is a co‑author of the Patent Applications Handbook, published annually by West Publications (Clark Boardman Division) since 1992, and widely used by practitioners as a technical and procedural reference.

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