Thomas W. Krause

Thomas W. Krause is a distinguished patent law professional with an extensive career focused on intellectual property litigation and policy, primarily within the U.S. government. Having recently concluded a 23-year tenure at the United States Patent and Trademark Office (USPTO), he is known for his defense-side practice, representing the agency in complex patent and copyright matters.

His practice areas have encompassed a broad spectrum of intellectual property issues, with a particular emphasis on patent eligibility under Section 101, where he earned a Department of Commerce Gold Medal and Distinguished Attorney award for his work on such cases at the Federal Circuit and the Supreme Court. Krause has actively engaged in briefing and arguing numerous patent cases before the U.S. Court of Appeals for the Federal Circuit, supervised district court litigation, and assisted the Solicitor General's office on Supreme Court cases involving both patents and copyrights. He also recently authored a public comment letter to the Office of Science and Technology Policy (OSTP) advocating for patent system reforms to address challenges posed by artificial intelligence advancements, highlighting his deep involvement in patent policy.

Krause spent the majority of his career in the USPTO's Solicitor's Office, serving in various capacities including Associate Solicitor, Special Counsel for Intellectual Property Litigation, Deputy Solicitor, and Acting Solicitor, before being appointed Deputy General Counsel for Intellectual Property Law and Solicitor of the USPTO in 2019. In this leadership role, he led the team responsible for defending the Director of the USPTO and the agency in intellectual property litigation. His experience also includes significant engagement with Patent Trial and Appeal Board (PTAB) proceedings, having commented extensively on PTAB policy and the USPTO's approach to inter partes reviews (IPRs). Before joining the USPTO in 2002, he practiced patent litigation and prosecution as Special Counsel with Covington & Burling.

Academically, Mr. Krause earned his Juris Doctor with honors from Harvard Law School, where he was an executive editor of the Harvard Law Review. He also holds a B.S. with high distinction in mathematics from the University of Illinois, graduating Phi Beta Kappa. Prior to law school, he served as an officer in the U.S. Navy on a fast attack submarine and qualified as a Naval Nuclear Engineer. He further contributes to legal education by teaching intellectual property courses at Georgetown University Law Center, including a course on Intellectual Property Appellate Advocacy.