How is a ‘process’ defined for patent eligibility purposes?

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.

A process, for patent eligibility purposes, is defined as a series of actions or steps. The MPEP cites the Supreme Court’s definition from Gottschalk v. Benson:

“A ‘process’ is ‘a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to be transformed and reduced to a different state or thing.’“

This definition emphasizes that a process involves action and transformation. It’s important to note that under 35 U.S.C. 100(b), the term “process” is synonymous with “method.”