How does the USPTO determine if a claim recites an abstract idea?

The USPTO uses a two-step process to determine if a claim recites an abstract idea:

1. Evaluate the claim language: Examiners analyze the claim to identify any concepts that may be abstract ideas.
2. Compare to established abstract idea categories: The identified concepts are compared to the enumerated groupings of abstract ideas and previous court decisions.

According to MPEP 2106.04(a): “To determine whether a claim recites an abstract idea in Prong One, examiners are now to: (a) Identify the specific limitation(s) in the claim under examination (individually or in combination) that the examiner believes recites an abstract idea; and (b) determine whether the identified limitation(s) falls within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.”

To learn more:

• abstract ideas
• patent examination
• claim analysis