How should examiners identify and explain abstract ideas in claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When identifying and explaining abstract ideas in claims, examiners should:

• Identify the specific claim limitation(s) that recite the abstract idea
• Explain why those limitations are considered abstract
• Identify which grouping of abstract ideas the concept falls into (mathematical concepts, mental processes, or certain methods of organizing human activity)
• If not in an enumerated grouping, provide justification for treating it as an abstract idea

MPEP 2106.07(a) states: “When the examiner has determined the claim recites an abstract idea, the rejection should identify the abstract idea as it is recited (i.e., set forth or described) in the claim, and explain why it falls within one of the groupings of abstract ideas (i.e., mathematical concepts, mental processes, or certain methods of organizing human activity) enumerated in MPEP § 2106.04(a)(2).”