Patent Office Gives Examiners Guidance in Light of Enfish

In light of the Enfish, LLC v. Microsoft Corp. ruling by the Federal Circuit, the U.S. Patent and Trademark Office has updated its guidance to the Examiners. In it, Examiners are to consider that a claim “directed to an improvement to computer-related technology (e.g., computer functionality) is likely not similar to claims that have been previously identified as abstract by the courts.” The guidance also cautioned Examiners “against describing a claim at a high level of abstraction untethered from the ...

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