What are the specific categories of abstract ideas in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
According to MPEP 2106.04(a)(2), there are three main categories of abstract ideas:
- Mathematical concepts: Including mathematical relationships, formulas, equations, and calculations.
- Certain methods of organizing human activity: This includes fundamental economic principles or practices, commercial or legal interactions, and managing personal behavior or relationships.
- Mental processes: Concepts performed in the human mind, such as observations, evaluations, judgments, and opinions.
The MPEP states: “The enumerated groupings of abstract ideas are defined as: 1) Mathematical concepts …; 2) Certain methods of organizing human activity …; and 3) Mental processes …”
Topics:
MPEP 2100 - Patentability
MPEP 2106.04(A)(2) - Abstract Idea Groupings
Patent Law
Patent Procedure