What are “certain methods of organizing human activity” in patent law?
“Certain methods of organizing human activity” is one of the categories of abstract ideas identified by the courts and discussed in MPEP 2106.04(a). This category encompasses various types of human activities that have been deemed abstract. The MPEP states:
“The phrase “methods of organizing human activity” is used to describe concepts relating to: fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).“
This category includes several subcategories:
- Fundamental economic practices: e.g., hedging, insurance, mitigating risk
- Commercial or legal interactions: e.g., contracts, legal obligations, advertising, marketing, sales activities, business relations
- Managing personal behavior or relationships: e.g., social activities, teaching, following rules or instructions
It’s important to note that not all methods of organizing human activity are abstract ideas. The MPEP clarifies: “The term “certain” qualifies this category description as a reminder that (1) not all methods of organizing human activity are abstract ideas, and (2) this category description does not cover human operation of machines.“
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