How does the USPTO evaluate “significantly more” in Step 2B of the subject matter eligibility analysis?
The evaluation of “significantly more” occurs in Step 2B of the subject matter eligibility analysis, as outlined in MPEP 2106.05. This step determines whether the claim amounts to significantly more than the judicial exception. The MPEP states:
“Step 2B asks: Does the claim recite additional elements that amount to significantly more than the judicial exception?“
To evaluate whether a claim amounts to significantly more, examiners consider whether the additional elements:
- Add a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field
- Simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception
- Provide an inventive concept by adding a specific limitation other than what is well-understood, routine, conventional activity in the field, or adding unconventional steps that confine the claim to a particular useful application
The MPEP further clarifies: “Examiners should keep in mind that the courts have held computer-implemented processes to be significantly more than an abstract idea (and thus eligible), where generic computer components are able in combination to perform functions that are not merely generic.“
If the claim does include additional elements that amount to significantly more than the judicial exception, it is eligible under Step 2B. If not, the claim is ineligible under 35 U.S.C. 101.
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