What constitutes an improvement to technology under patent eligibility?
An improvement to technology under patent eligibility can be demonstrated by showing that the claimed invention improves the functioning of a computer or any other technology/technical field. The MPEP states:
“If it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement.”
The improvement can be provided by one or more additional elements or in combination with the recited judicial exception. It’s important to analyze the claim as a whole to determine if it provides an improvement to technology.
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