We are now a decade past the Supreme Court's eligibility revolution in Alice and Mayo. Legislative efforts have coalesced around the Patent Eligibility Restoration Act of 2025 (PERA), while USPTO Director John Squires has simultaneously launched a campaign of administrative reinterpretation to restore what he calls "expansive eligibility." The Federal Circuit, once reluctant to embrace the new eligibility approach, now serves as the principal stabilizing force and is the principle backstop to Patent Office experimentation.
Two additional mandamus petitions have joined the Federal Circuit's growing docket challenging the USPTO's 2025 shift toward more restrictive inter partes review (IPR) institution practices under President Trump, bringing the total to five pending cases that collectively test the boundaries of appellate review under 35 U.S.C. § 314(d). The newest petitions are In re HighLevel, Inc. (No. 25-148) and In re SanDisk Technologies, Inc. (No. 25-152).