When should a full eligibility analysis be performed instead of using the streamlined approach?
According to MPEP § 2106.06(b), a full eligibility analysis should be performed when the claims present a “close call” regarding improvement to technology or computer functionality. The MPEP states:
“If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility.“
For example, in the BASCOM case, the claims described filtering content, which is a method of organizing human behavior previously found to be abstract. The Federal Circuit considered this a “close call” and proceeded with a full eligibility analysis. Only when the claims clearly improve technology or computer functionality, or have self-evident eligibility, should the streamlined analysis be used.
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