USPTO Memo Re Enfish v. Microsoft

This is an update to my recent article about the Federal Circuit’s decision in Enfish v. Microsoft.

In a memo to the Patent Examining Corps dated May 19, 2016, Deputy Commissioner Robert Bahr said that the Enfish decision provides "additional information and clarification on the inquiry for identifying abstract ideas." The gist of the memo is that when performing an analysis of whether a claim is directed to an abstract idea, examiners should continue to determine if the claim recites a concept similar to concepts previously found abstract by the courts. In addition, the fact that a claim is directed to an improvement in computer-related technology can demonstrate that the claim does not recite a concept similar to previously identified abstract ideas.