How does the USPTO evaluate improvements to computer functionality?
The USPTO evaluates improvements to computer functionality by determining whether the claim purports to improve computer capabilities or invokes computers merely as a tool. According to the MPEP:
“In computer-related technologies, the examiner should determine whether the claim purports to improve computer capabilities or, instead, invokes computers merely as a tool.”
The evaluation involves analyzing the specification’s discussion of prior art and how the invention improves computer functionality, as well as examining the specific claim limitations. An eligible improvement should be a specific implementation of a solution to a problem in the software arts, not simply the addition of general-purpose computers to an abstract idea.
Examples of improvements to computer functionality may include:
- Modifications to computer protocols or architectures
- Specific improvements to memory systems or processing techniques
- Inventive ways of solving software-related problems
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