Clients in the software space now have stronger arguments for subject matter eligibility, following the Federal Circuit decision in Enfish LLC v. Microsoft Corp. (May 12, 2016). The decision also ...

“If the claim is directed to a patent-ineligible concept then the inquiry continues to a second step, in which we ‘consider the elements of each claim both individually and “as an ordered combination” ...

If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim directed to an abstract idea cannot be transformed ...