When is a claim’s eligibility considered self-evident?

A claim’s eligibility is considered self-evident when it clearly does not attempt to monopolize a judicial exception. The MPEP 2106.06(a) states:

“Such claims do not need to proceed through the full analysis herein as their eligibility will be self-evident.”

Examples of self-evident eligibility include:

  • Complex manufactured industrial products or processes with meaningful limitations
  • Claims that clearly do not attempt to tie up nature-based products
  • Claims with ancillary nature-based components that don’t attempt to improperly tie up the nature-based product

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2106.06(A) - Eligibility Is Self Evident, Patent Law, Patent Procedure
Tags: Judicial Exception, patent claims, Self-Evident Eligibility