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
Tags: inventive concept, Practical Application, subject matter eligibility, Tentative Abstract Idea