What is considered “well-understood, routine, conventional activity” in patent eligibility analysis?

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.

“Well-understood, routine, conventional activity” is an important consideration in the patent eligibility analysis, specifically in Step 2B of the eligibility analysis. According to MPEP 2106.05(d), this refers to additional element(s) in a claim that are no more than well-understood, routine, conventional activities previously known to the industry, which are recited at a high level of generality.

The MPEP states: “If, however, the additional element (or combination of elements) is no more than well-understood, routine, conventional activities previously known to the industry, which is recited at a high level of generality, then this consideration does not favor eligibility.”

It’s important to note that even if an element is well-understood, routine, and conventional when considered individually, a combination of such elements may still amount to significantly more than the judicial exception, potentially making the claim eligible.