Eric Bachinski has been a registered patent attorney since 2013, advising clients on how to protect and leverage innovation, particularly in software and emerging technologies. His practice focuses on patent procurement and prosecution, patentability and freedom-to-operate analyses, and developing strategic patent portfolios aligned with business objectives. He represents a broad range of clients—from individual inventors to global technology and medical device companies—providing practical, business-focused guidance at every stage of the innovation lifecycle.
Prior to practicing law, Eric spent 17 years in information technology, with experience spanning systems engineering, software development, and computer networking. This hands-on technical background allows him to quickly understand complex technologies and translate them into clear, defensible patent claims. He is particularly skilled at identifying novel, protectable concepts from early-stage or high-level disclosures and advancing them efficiently through the patent process.
Eric has drafted and prosecuted hundreds of patent applications across a wide range of technologies, including software and computer systems, artificial intelligence and machine learning (including generative AI), financial technologies and blockchain, cloud computing and distributed systems, networking technologies, Internet of Things (IoT) platforms, and medical devices. He has a strong track record of addressing and overcoming patent eligibility challenges under 35 U.S.C. §101, particularly for software-related inventions, and regularly advises clients on how to position their innovations for successful protection.
In addition to his prosecution work, Eric partners with clients to develop and manage patent portfolios, conduct patentability and freedom-to-operate assessments, and lead invention harvesting initiatives that strengthen intellectual property assets. He is known for aligning legal strategy with technical and commercial realities, delivering efficient, high-quality results that support long-term business goals.
Eric earned his J.D., cum laude, from Mitchell Hamline School of Law (formerly Hamline University School of Law). He holds a Bachelor of Science in Management Information Systems from Metropolitan State University and associate degrees in C Programming and Network Administration from Hennepin Technical College. He is registered to practice before the United States Patent and Trademark Office and is licensed to practice law in Minnesota. He has also authored publications on patent eligibility and software-related inventions, including work featured in The National Law Review.
Practice Areas
- U.S. and international patent prosecution
- Patent portfolio development, strategy, and management
- Freedom-to-operate analyses and clearance opinions
- Intellectual property support for mergers and acquisitions
- Open-source software counseling and compliance
Industry Sectors/Specialties
- Information technology / IT
- Networking and communications systems
- Software and computer-implemented technologies
- Artificial intelligence and machine learning
- Optical and photonic technologies
Education
- Doctor of Law (JD), Hamline University School of Law Jan 2009 — Jan 2013 Cum Laude – Top 12% of my class Volunteer Service Award
- Inver Hills Community College Jan 2012 — Jan 2012 Courses in Chemistry – 4.0 GPA
- Bachelor of Science (BS) in Management Information Systems, Metropolitan State University Jan 2004 — Jan 2006
- AAS in C Programming, Hennepin Technical College Jan 2001 — Jan 2003
- AAS in Network Administration, Hennepin Technical College Jan 1997 — Jan 2000
Publications
- Claims of Uniloc Patents Covering a Software Distribution System Found Patent Eligible by Federal Circuit
- Ex parte Bhogal and Ex parte Hoff: PTAB Raises Burden on USPTO to Justify 101 Rejections
- More Good News for Software Patents: Amdocs (Israel) Limited v. Opnet Telecom, Inc., 2015-1180, Fed. Cir.

