What are the key considerations for determining subject matter eligibility under 35 U.S.C. 101?

The key considerations for determining subject matter eligibility under 35 U.S.C. 101 are outlined in MPEP 2106. The process involves:

• Determining whether the claim is directed to one of the four statutory categories (process, machine, manufacture, or composition of matter)
• Determining whether the claim recites or is directed to a judicial exception (abstract ideas, laws of nature, or natural phenomena)
• Evaluating whether the claim as a whole integrates the judicial exception into a practical application
• Assessing whether the claim amounts to significantly more than the judicial exception

The MPEP states: “Examiners should determine whether a claim satisfies the criteria for subject matter eligibility by evaluating the claim in accordance with the criteria discussed in MPEP § 2106, i.e., whether the claim is to a statutory category (Step 1) and the Alice/Mayo test for judicial exceptions (Steps 2A and 2B).“

To learn more:

• subject matter eligibility
• 35 U.S.C. 101
• judicial exceptions
• statutory categories
• Alice/Mayo test