What is the “particular transformation” consideration in patent eligibility?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The “particular transformation” consideration is an important factor in determining patent eligibility under MPEP 2106.05(c). It evaluates whether a claim “effects a transformation or reduction of a particular article to a different state or thing.”

As stated in the MPEP: “[T]ransformation and reduction of an article ‘to a different state or thing’ is the clue to patentability of a process claim that does not include particular machines.” This consideration is applied during Step 2A Prong Two and Step 2B of the Alice/Mayo test.

However, it’s important to note that while transformation is a significant clue, it is not a stand-alone test for eligibility. All claims must still be evaluated using the full Alice/Mayo test.

Topics: MPEP 2100 - Patentability MPEP 2106.05(C) - Particular Transformation Patent Law Patent Procedure
Tags: Alice/Mayo Framework, Patent Eligibility, Significantly More