How does improving the functioning of a computer or technology demonstrate practical application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Improving the functioning of a computer or technology is a strong indicator that a claim integrates a judicial exception into a practical application. The MPEP 2106.04(d) states:

“An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);”

To demonstrate an improvement:

  • The claim should recite the specific improvement.
  • The specification should provide sufficient details about how the improvement is achieved.
  • The improvement should be to the computer itself or to another technology.
  • The improvement should be more than a mere assertion of increased speed, efficiency, or accuracy.

For example, a claim that recites a specific way to solve a problem in computer networks, resulting in improved network performance, could demonstrate a practical application. However, simply stating that a process is performed faster on a computer without explaining how would not be sufficient.

Topics: MPEP 2100 - Patentability MPEP 2106.04(D) - Integration Of A Judicial Exception Into A Practical Application Patent Law Patent Procedure
Tags: Claims, Claims Required, Patent Application Content, Patent Eligibility