What factors are considered when evaluating a transformation under MPEP 2106.05(c)?

MPEP 2106.05(c) outlines several factors to consider when evaluating a transformation for patent eligibility:

1. Particularity or generality of the transformation: More particular transformations are more likely to provide significantly more.
2. Degree of particularity of the article: Transformations applied to specific articles are more likely to provide significantly more than those applied to generic or all articles.
3. Nature of the transformation: Transformations resulting in different functions or uses are more likely to provide significantly more than mere location changes.
4. Nature of the article transformed: Transforming physical or tangible objects is more likely to provide significantly more than transforming intangible concepts.
5. Whether the transformation is extra-solution activity or a field-of-use: Transformations that contribute meaningfully to the method execution are more likely to provide significantly more than nominal or insignificant transformations.

The MPEP emphasizes: A transformation that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not provide significantly more (or integrate a judicial exception into a practical application).

To learn more:

• transformation factors
• patent eligibility
• MPEP 2106.05(c)
• evaluation criteria