Driven By Abstraction: Flaws In USPTO, Court 101 Analyses

Law360, New York (May 27, 2016, 10:56 AM EDT) -- On May 12, 2016, the Federal Circuit in Enfish v. Microsoft Corp., Civ 15-1244, found that the possibility of protection for software still exists, even though about 75-plus percent of all cases since Alice have declared software and financial systems and methods ineligible under 35 USC §101. With respect to a self-reformatted database for "organizing information using tabular formats,” the court said, unlike Alice, "which the High Court held covered only an age old financial concept applied using a computer," Enfish claims are eligible because they...
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