How does the USPTO define “abstract ideas” in patent eligibility determinations?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
The USPTO’s definition of “abstract ideas” in patent eligibility determinations is outlined in MPEP 2106.04(a). Abstract ideas are considered judicial exceptions to patent eligibility. The MPEP states:
“The abstract idea exception includes the following groupings of subject matter, when recited as such in a claim limitation(s) (that is, when recited on their own or per se):
- Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations;
- Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
- Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion).”
It’s important to note that these groupings are not exhaustive, and claims must be examined on a case-by-case basis to determine if they recite an abstract idea.
Topics:
MPEP 2100 - Patentability
MPEP 2106 - Patent Subject Matter Eligibility
Patent Law
Patent Procedure