How is a claim with a tentative abstract idea evaluated for subject matter eligibility?
When a claim contains a tentative abstract idea, it is evaluated using the standard subject matter eligibility framework:
- Step 2A: If the claim integrates the tentative abstract idea into a practical application, it’s eligible.
- Step 2B: If not integrated, the claim is assessed for an inventive concept.
The MPEP outlines this process:
If the claim as a whole integrates the tentative abstract idea into a practical application, the claim is not directed to a judicial exception (Step 2A; NO) and thus is eligible at Pathway B. This concludes the eligibility analysis. If the claim as a whole does not integrate the tentative abstract idea into a practical application, then the claim is directed to a judicial exception (Step 2A: YES) and thus requires further analysis at Step 2B.
(MPEP 2106.04(a)(3))
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(A)(3) - Tentative Abstract Ideas,
Patent Law,
Patent Procedure