How does the transformation of an article to a different state or thing impact patent eligibility?

The transformation of an article to a different state or thing can significantly impact patent eligibility. According to MPEP 2106.05(c):

“A transformation resulting in the transformed article having a different function or use, would likely provide significantly more, but a transformation resulting in the transformed article merely having a different location, would likely not provide significantly more.”

This means that transformations that fundamentally change the function or use of an article are more likely to be considered “particular” and thus contribute to patent eligibility. For example:

• Chemical or physical transformations of substances into different states or things are often considered meaningful.
• Transformations that change the properties or functions of an article, such as vulcanizing rubber or treating a disease, may provide significantly more.
• Mere changes in the form or location of an article without changing its function are less likely to be considered meaningful transformations.

It’s important to note that while a particular transformation can be a clue to patent eligibility, it is not a stand-alone test. The transformation must be considered in the context of the entire claim and the subject matter eligibility analysis under 35 U.S.C. 101.

To learn more:

• article transformation
• different state or thing
• patent eligibility
• particular transformation