What is the “machine-or-transformation test” in patent eligibility?

The “machine-or-transformation test” is a useful tool for determining whether a claimed invention is patent-eligible under 35 U.S.C. 101. According to MPEP 2106.05(c), this test states that:

“A claimed process is patent-eligible under § 101 if: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.”

However, it’s important to note that while this test can be helpful, it is not the sole test for determining patent eligibility. The Supreme Court has clarified that the machine-or-transformation test is a useful and important clue or investigative tool, but it is not the sole test for deciding whether an invention is a patent-eligible process under § 101.

To learn more:

• machine-or-transformation test
• patent eligibility
• 35 U.S.C. 101
• particular transformation