How does improving the functioning of a computer or technology demonstrate practical application?

How does improving the functioning of a computer or technology demonstrate practical application?

Improving the functioning of a computer or technology is a strong indicator that a claim integrates a judicial exception into a practical application. The MPEP 2106.04(d) states:

“An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);”

To demonstrate an improvement:

  • The claim should recite the specific improvement.
  • The specification should provide sufficient details about how the improvement is achieved.
  • The improvement should be to the computer itself or to another technology.
  • The improvement should be more than a mere assertion of increased speed, efficiency, or accuracy.

For example, a claim that recites a specific way to solve a problem in computer networks, resulting in improved network performance, could demonstrate a practical application. However, simply stating that a process is performed faster on a computer without explaining how would not be sufficient.

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Topics: MPEP 2100 - Patentability, MPEP 2106.04(D) - Integration Of A Judicial Exception Into A Practical Application, Patent Law, Patent Procedure
Tags: Improving Computer Functioning, Judicial Exception, Practical Application, Technology Improvement