How does the USPTO define a “process” for patent eligibility?
How does the USPTO define a “process” for patent eligibility?
According to MPEP 2106.03, a “process” for patent eligibility is defined as follows:
“A process defines ‘actions’, i.e., an invention that is claimed as an act or step, or a series of acts or steps.“
The MPEP further clarifies that a process is not limited to a particular form of implementation: “A process can be technological or not, and it can be performed by a machine, or by hand, or by a combination of both.” This broad definition allows for a wide range of inventions to potentially qualify as patentable processes, provided they meet other criteria for patentability.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter,
Patent Law,
Patent Procedure