How does streamlined analysis differ from the full Alice/Mayo test?

How does streamlined analysis differ from the full Alice/Mayo test?

The streamlined analysis differs from the full Alice/Mayo test in several key ways:

  1. Scope: Streamlined analysis is a quick assessment, while the Alice/Mayo test is a more comprehensive evaluation.
  2. Application: Streamlined analysis is used for claims that clearly do not tie up a judicial exception, whereas the Alice/Mayo test is applied to all claims that may involve abstract ideas, laws of nature, or natural phenomena.
  3. Steps: Streamlined analysis doesn’t require going through all the steps of the Alice/Mayo test, which includes identifying judicial exceptions and evaluating additional elements.
  4. Outcome: Streamlined analysis leads directly to eligibility, while the Alice/Mayo test may result in either eligibility or ineligibility.

As stated in MPEP 2106.06: “A streamlined eligibility analysis can be used for a claim that may or may not recite a judicial exception but, when viewed as a whole, clearly does not seek to tie up any judicial exception such that others cannot practice it.” This approach allows for more efficient examination of clearly eligible claims.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2106.06 - Streamlined Analysis, Patent Law, Patent Procedure
Tags: Alice/Mayo Test, Judicial Exception, Patent Eligibility, patent examination, Streamlined Analysis