How does adding a generic computer to a claim affect patent eligibility?
Adding a generic computer or generic computer components to a claim does not automatically make it patent-eligible. The MPEP 2106.05(b) provides clear guidance on this matter:
“Merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection.”
This principle is based on the Supreme Court’s decisions in Bilski and Alice Corp. When evaluating claims with added generic computer elements, examiners should consider:
- Whether the added elements integrate the exception into a practical application
- Whether they provide significantly more than the judicial exception
It’s important to note that the rationale from Alappat, which suggested that an otherwise ineligible algorithm could be made patent-eligible by adding a generic computer, has been superseded by more recent Supreme Court decisions.
Applicants should focus on demonstrating how the computer elements contribute to the claim’s eligibility beyond merely performing generic computer functions.
To learn more: