What factors are considered when evaluating a transformation under MPEP 2106.05(c)?

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.

MPEP 2106.05(c) outlines several factors to consider when evaluating a transformation for patent eligibility:

1. Particularity or generality of the transformation: More particular transformations are more likely to provide significantly more.
2. Degree of particularity of the article: Transformations applied to specific articles are more likely to provide significantly more than those applied to generic or all articles.
3. Nature of the transformation: Transformations resulting in different functions or uses are more likely to provide significantly more than mere location changes.
4. Nature of the article transformed: Transforming physical or tangible objects is more likely to provide significantly more than transforming intangible concepts.
5. Whether the transformation is extra-solution activity or a field-of-use: Transformations that contribute meaningfully to the method execution are more likely to provide significantly more than nominal or insignificant transformations.

The MPEP emphasizes: A transformation that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not provide significantly more (or integrate a judicial exception into a practical application).