How does the USPTO evaluate the nature of a transformation in patent claims?

The USPTO evaluates the nature of a transformation in patent claims by considering several factors. According to MPEP 2106.05(c), examiners should consider the following:

  • The particularity or generality of the transformation: More specific transformations are more likely to be meaningful.
  • The degree to which the recited article is particular: A transformation applied to a specific article is more likely to provide significantly more than a general transformation.
  • The nature of the transformation in terms of the type or extent of change in state or thing: Transformations resulting in fundamental changes are more likely to be meaningful.
  • The nature of the article transformed: Transformation of physical or tangible objects is more likely to provide significantly more than transformation of intangible concepts or data.
  • Whether the transformation is extra-solution activity or a field-of-use: Transformations that are mere data gathering or post-solution activity are less likely to be meaningful.

These factors help examiners determine whether a claimed transformation is “particular” and thus potentially patent-eligible under 35 U.S.C. 101.

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Topics: MPEP 2100 - Patentability, MPEP 2106.05(C) - Particular Transformation, Patent Law, Patent Procedure
Tags: Particular Transformation, patent claims, Transformation Factors, Uspto Evaluation