MPEP § 2106.06(a) — Eligibility is Self Evident (Annotated Rules)

§2106.06(a) Eligibility is Self Evident

USPTO MPEP version: BlueIron's Update: 2026-01-10

This page consolidates and annotates all enforceable requirements under MPEP § 2106.06(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Eligibility is Self Evident

This section addresses Eligibility is Self Evident. Contains: 1 prohibition and 1 other statement.

Key Rules

Topic

Patent Eligibility

2 rules
MPEP GuidanceProhibitedAlways
[mpep-2106-06-a-f968d5aff8ef89b7a53ee3de]
Eligible Claims Do Not Need Full Analysis
Note:
Claims that clearly do not seek to monopolize a judicial exception can use a streamlined eligibility analysis and do not need the full patent eligibility test.

A streamlined eligibility analysis can be used for a claim that may or may not recite a judicial exception but, when viewed as a whole, clearly does not seek to tie up any judicial exception such that others cannot practice it. Such claims do not need to proceed through the full analysis herein as their eligibility will be self-evident. On the other hand, a claim that does not qualify as eligible after Step 2B of the full analysis would not be suitable for the streamlined analysis, because the claim lacks self‐evident eligibility.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-a-48e5127c73497f6bcd71b487]
Claim Not Eligible After Step 2B Cannot Use Streamlined Analysis
Note:
A claim that fails eligibility after Step 2B of the full analysis cannot use the streamlined analysis as it lacks self-evident eligibility.

A streamlined eligibility analysis can be used for a claim that may or may not recite a judicial exception but, when viewed as a whole, clearly does not seek to tie up any judicial exception such that others cannot practice it. Such claims do not need to proceed through the full analysis herein as their eligibility will be self-evident. On the other hand, a claim that does not qualify as eligible after Step 2B of the full analysis would not be suitable for the streamlined analysis, because the claim lacks self‐evident eligibility.

Jump to MPEP SourcePatent Eligibility

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-10