This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds. Here, Step 2 decisions are explored in more detail, with a focus on additional lessons learned during the Step 2 analysis.
Surviving Step 2—which requires that the claims include “significantly more” than the abstract idea itself—often hinges on a factor that is found in, but is typically not the focus of, the Step 1 cases: whether the claim elements give rise to an inventive concept when considered as an ordered combination, including how the elements function in the particular arrangement claimed. Indeed, at least three of the four cases below depend on the “ordered combination” analysis, showing that this is a key hallmark of patent eligibility on Step 2 grounds. Continue Reading