What is considered “well-understood, routine, conventional activity” in patent eligibility analysis?
“Well-understood, routine, conventional activity” is an important consideration in the patent eligibility analysis, specifically in Step 2B of the eligibility analysis. According to MPEP 2106.05(d), this refers to additional element(s) in a claim that are no more than well-understood, routine, conventional activities previously known to the industry, which are recited at a high level of generality.
The MPEP states: “If, however, the additional element (or combination of elements) is no more than well-understood, routine, conventional activities previously known to the industry, which is recited at a high level of generality, then this consideration does not favor eligibility.”
It’s important to note that even if an element is well-understood, routine, and conventional when considered individually, a combination of such elements may still amount to significantly more than the judicial exception, potentially making the claim eligible.
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