What qualifies as a ‘mental process’ abstract idea in patent law?
‘Mental processes’ are concepts that can be performed in the human mind or with the aid of pen and paper. According to MPEP 2106.04(a)(2):
The courts consider a mental process (thinking) that ‘can be performed in the human mind, or by a human using a pen and paper’ to be an abstract idea.
Mental processes include:
- Observations
- Evaluations
- Judgments
- Opinions
Importantly, claims can recite a mental process even if they are performed on a computer. The MPEP states: “If a claim recites a limitation that can practically be performed in the human mind, with or without the use of a physical aid such as pen and paper, the limitation falls within the mental processes grouping, and the claim recites an abstract idea.”
However, claims that cannot practically be performed in the human mind do not recite a mental process. For example, a claim to detecting suspicious activity by using network monitors and analyzing network packets would not be considered a mental process.
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