What are examples of claims with self-evident eligibility?
The MPEP 2106.06(a) provides several examples of claims with self-evident eligibility:
- Robotic arm assembly: “A robotic arm assembly having a control system that operates using certain mathematical relationships is clearly not an attempt to tie up use of the mathematical relationships and would not require a full analysis to determine eligibility.”
- Artificial hip prosthesis: “A claim directed to an artificial hip prosthesis coated with a naturally occurring mineral is not an attempt to tie up the mineral.”
- Products with ancillary nature-based components: “A claim that is directed to a cellphone with an electrical contact made of gold or a plastic chair with wood trim, would not require analysis of the nature-based component to determine whether the claims are directed to a ‘product of nature’ exception.”
These examples illustrate claims that do not attempt to monopolize judicial exceptions and thus qualify for streamlined eligibility analysis.
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Topics:
MPEP 2100 - Patentability,
MPEP 2106.06(A) - Eligibility Is Self Evident,
Patent Law,
Patent Procedure