How does a “clear improvement” affect the patent eligibility analysis?
A “clear improvement” to technology or computer functionality can significantly simplify the patent eligibility analysis. According to MPEP § 2106.06(b):
“In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed.“
This means that if a claim demonstrates a clear improvement, it may be considered eligible without going through the full Alice/Mayo test. The examiner might find such claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.06(B) - Clear Improvement To A Technology Or To Computer Functionality,
Patent Law,
Patent Procedure