How does “transformation” factor into patent eligibility?

Transformation of an article to a different state or thing is an important consideration in patent eligibility analysis. MPEP 2106.05(c) states:

“Transformation and reduction of an article ‘to a different state or thing’ is the clue to patentability of a process claim that does not include particular machines.”

The MPEP provides some factors to consider:

• The particularity or generality of the transformation
• The degree to which the recited article is particular
• The nature of the transformation in terms of the type or extent of change in state or thing
• The nature of the article transformed
• Whether the transformation is extra-solution activity or a field-of-use

An example of a patent-eligible transformation is “a process that transforms raw, uncured synthetic rubber into precision-molded synthetic rubber products” as discussed in Diamond v. Diehr.

However, mere manipulation of abstract concepts or data is not considered a qualifying transformation.

To learn more:

• patent eligibility
• transformation
• Alice/Mayo test
• judicial exception
• abstract idea