What are examples of “applying it” with a computer in patent claims?

Examples of “applying it” with a computer in patent claims, which may indicate mere instructions to apply an exception, include:

  • Using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data)
  • Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer
  • Requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry

As stated in MPEP 2106.05(f): “When determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners may consider the following.”

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Topics: MPEP 2100 - Patentability, MPEP 2106.05(F) - Mere Instructions To Apply An Exception, Patent Law, Patent Procedure
Tags: Abstract Idea, Applying It, Computer Implementation, Patent Eligibility