What is the “improvements consideration” in patent eligibility analysis?
The “improvements consideration” is a key factor in determining patent eligibility under Step 2A Prong Two of the Alice/Mayo test. According to MPEP 2106.04(d)(1), it involves evaluating whether “the claimed invention improves the functioning of a computer or improves another technology or technical field.” If such an improvement is demonstrated, the claim may be eligible as it integrates the judicial exception into a practical application.
The MPEP states:
“The application or use of the judicial exception in this manner meaningfully limits the claim by going beyond generally linking the use of the judicial exception to a particular technological environment, and thus transforms a claim into patent-eligible subject matter.”
It’s important to note that this consideration is specific to improvements in technology, not just any type of improvement.
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