How do examiners evaluate whether additional elements amount to significantly more?

According to MPEP 2106.05, examiners should evaluate whether additional elements amount to significantly more by considering:

  • Improvements to the functioning of a computer or to any other technology/technical field
  • Applying the judicial exception with, or by use of, a particular machine
  • Effecting a transformation or reduction of a particular article to a different state or thing
  • Adding a specific limitation other than what is well-understood, routine, conventional activity in the field
  • Other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment

The MPEP states: “Examiners should keep in mind that the enumerated considerations are not exclusive and do not constitute a definitive list of considerations for determining whether a claim recites significantly more.”

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2106.05 - Eligibility Step 2B: Whether A Claim Amounts To Significantly More, Patent Law, Patent Procedure
Tags: Additional Elements, Alice/Mayo Test, Patent Eligibility, Significantly More, Step 2B