How does “field of use” affect patent eligibility?

The concept of “field of use” is important in patent eligibility analysis. According to MPEP 2106.05(h):

“Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use.”

The MPEP explains that merely limiting the use of an abstract idea to a particular technological environment does not make the idea patentable. For example, in Parker v. Flook, limiting the use of a mathematical formula to the petrochemical and oil-refining fields was not enough to make the claim patent-eligible.

Examples of limitations that courts have found to be merely indicating a field of use include:

  • Limiting the abstract idea of collecting information, analyzing it, and displaying certain results to data related to the electric power grid
  • Limiting the use of a mathematical formula to the petrochemical and oil-refining industries
  • Limiting the use of an abstract idea to a particular technological environment, such as computers or mobile devices

To overcome a field of use rejection, the claim should show how the invention improves the specific technology or technical field, rather than merely applying an abstract idea within that field.

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Topics: MPEP 2100 - Patentability, MPEP 2106.05 - Eligibility Step 2B: Whether A Claim Amounts To Significantly More, Patent Law, Patent Procedure
Tags: Abstract Idea, Alice/Mayo Test, Field Of Use, Judicial Exception, Patent Eligibility