How does streamlined eligibility analysis differ from full eligibility analysis?

Streamlined eligibility analysis is a simplified approach for assessing patent eligibility when a claim’s eligibility is self-evident. The main differences between streamlined and full eligibility analysis are:

  • Complexity: Streamlined analysis is simpler and faster than the full analysis.
  • Applicability: Streamlined analysis is used for claims that clearly do not tie up judicial exceptions, while full analysis is required for more complex cases.
  • Process: Streamlined analysis does not require going through all steps of the full analysis, as stated in MPEP 2106.06(a): “Such claims do not need to proceed through the full analysis herein as their eligibility will be self-evident.”

It’s important to note that claims not qualifying as eligible after Step 2B of the full analysis are not suitable for streamlined analysis, as they lack self-evident eligibility.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2106.06(A) - Eligibility Is Self Evident, Patent Law, Patent Procedure
Tags: Full Eligibility Analysis, patent examination, Streamlined Eligibility Analysis