Can a claim involving an abstract idea still be patent-eligible?
Yes, a claim involving an abstract idea can still be patent-eligible. The MPEP clarifies this point:
“Some claims are not directed to an abstract idea because they do not recite an abstract idea, although it may be apparent that at some level they are based on or involve an abstract idea.”
This statement from MPEP 2106.04(a)(1) indicates that the mere involvement or basis in an abstract idea does not automatically render a claim ineligible. The key factor is whether the claim recites (sets forth or describes) an abstract idea, not whether it merely involves or is based on one at some level.
For a claim to be considered as reciting an abstract idea, it must explicitly set forth or describe the abstract idea. If it doesn’t, even if it involves an abstract idea at some level, it may still be eligible at Step 2A Prong One of the Alice/Mayo test.
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