Can a claim involving a computer still be considered a mental process?

Yes, a claim that requires a computer may still be considered a mental process. According to MPEP 2106.04(a)(2):

Claims can recite a mental process even if they are claimed as being performed on a computer.

The MPEP outlines three scenarios where a computer-related claim might still be considered a mental process:

1. Performing a mental process on a generic computer
2. Performing a mental process in a computer environment
3. Using a computer as a tool to perform a mental process

For example, in Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., the court concluded that computer-implemented methods for “anonymous loan shopping” were directed to an abstract idea because they could be “performed by humans without a computer.”

When evaluating such claims, examiners are instructed to consider whether the claim is merely implementing a mental process on a generic computer, performing it in a computer environment, or using a computer as a tool to perform the mental process.

To learn more:

• mental processes
• abstract ideas
• computer-implemented inventions
• patent eligibility
• generic computer