MPEP § 2106.06(b) — Clear Improvement to a Technology or to Computer Functionality (Annotated Rules)

§2106.06(b) Clear Improvement to a Technology or to Computer Functionality

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

This page consolidates and annotates all enforceable requirements under MPEP § 2106.06(b), 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.

Clear Improvement to a Technology or to Computer Functionality

This section addresses Clear Improvement to a Technology or to Computer Functionality. Contains: 2 guidance statements, 1 permission, and 5 other statements.

Key Rules

Topic

Patent Eligibility

12 rules
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-4daaff8f3ee153c1444879bb]
Improvement to Technology Avoids Full Eligibility Analysis
Note:
Claims directed to clear improvements in computer-related technology do not require full eligibility analysis.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-ac43bc4f58641678a95eadbc]
Claims to Self-Referential Database Tables Eligible at Step 1 of Alice/Mayo Test
Note:
Claims directed to self-referential tables for computer databases are eligible at step 1 of the Alice/Mayo test as not being directed to an abstract idea.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidancePermittedAlways
[mpep-2106-06-b-db8e3a28e0ea56fb87b95af2]
Claims to Technological Improvements May Avoid Full Eligibility Analysis
Note:
Claims directed to improvements in technologies other than computers may be considered eligible without full analysis if the improvement is clear.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-6e8c5b43a806670e40f826f3]
Claims to Clear Improvements to Technology Are Eligible
Note:
Claims directed to clear improvements in technology, including computer functionality, are eligible for patent protection without full eligibility analysis.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-a9fab8078e448b62574dab11]
Claims Directed to Computer-Related Improvements Eligible
Note:
Claims directed to clear improvements in computer-related technology are eligible at Step 1 of the Alice/Mayo test.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-9d85e4502e734af3260b18c5]
Claims Directed to Clear Improvements Need No Further Analysis
Note:
If claims clearly improve a technology or computer functionality, no further eligibility analysis is needed at step 1 of the Alice/Mayo test.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-6ada1d94f13c32b9e5234317]
Improvement to Technology or Computer Functionality Is Eligible
Note:
Claims directed to clear improvements in technology or computer functionality are eligible without full analysis.

For instance, claims directed to clear improvements to computer-related technology do not need the full eligibility analysis. Enfish, 822 F.3d at 1339, 118 USPQ2d at 1691-92 (claims to a self-referential table for a computer database held eligible at step 1 of the Alice/Mayo test as not directed to an abstract idea). Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1316, 120 USPQ2d 1091, 1103 (Fed. Cir. 2016) (claims to automatic lip synchronization and facial expression animation found eligible at Step 1 of the Alice/Mayo test as directed to an improvement in computer-related technology). In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed. Although the Federal Circuit held these claims eligible at Step 2A as not being directed to abstract ideas, it would be reasonable for an examiner to have found these claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceRecommendedAlways
[mpep-2106-06-b-46492e0a8cbfc3009b0eca76]
Close Call Claims Require Full Eligibility Analysis
Note:
If it's unclear whether claims improve technology or computer functionality, a full eligibility analysis must be performed to determine their validity.

If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility. See BASCOM Global Internet v. AT&T Mobility LLC, 827 F.3d 1341, 1349, 119 USPQ2d 1236, 1241 (Fed Cir. 2016). Only when the claims clearly improve technology or computer functionality, or otherwise have self-evident eligibility, should the streamlined analysis be used. For example, because the claims in BASCOM described the concept of filtering content, which is a method of organizing human behavior previously found to be abstract, the Federal Circuit considered them to present a “close call” in the first step of the Alice/Mayo test (Step 2A), and thus proceeded to the second step of the Alice/Mayo test (Step 2B) to determine their eligibility. Id. Although the Federal Circuit held these claims eligible at Step 2B (Pathway C) because they presented a “technology-based solution” of filtering content on the Internet that overcame the disadvantages of prior art filtering systems and that amounted to significantly more than the recited abstract idea, it also would be reasonable for an examiner to have found these claims eligible at Pathway A or B if the examiner had considered the technology-based solution to be an improvement to computer functionality.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-e9c7540e2313f932ebabf5e1]
Requirement for Full Eligibility Analysis When Claims Are a Close Call
Note:
If claims are a close call in improving technology or computer functionality, a full eligibility analysis must be performed. Otherwise, only when clearly improving technology or having self-evident eligibility should a streamlined analysis be used.

If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility. See BASCOM Global Internet v. AT&T Mobility LLC, 827 F.3d 1341, 1349, 119 USPQ2d 1236, 1241 (Fed Cir. 2016). Only when the claims clearly improve technology or computer functionality, or otherwise have self-evident eligibility, should the streamlined analysis be used. For example, because the claims in BASCOM described the concept of filtering content, which is a method of organizing human behavior previously found to be abstract, the Federal Circuit considered them to present a “close call” in the first step of the Alice/Mayo test (Step 2A), and thus proceeded to the second step of the Alice/Mayo test (Step 2B) to determine their eligibility. Id. Although the Federal Circuit held these claims eligible at Step 2B (Pathway C) because they presented a “technology-based solution” of filtering content on the Internet that overcame the disadvantages of prior art filtering systems and that amounted to significantly more than the recited abstract idea, it also would be reasonable for an examiner to have found these claims eligible at Pathway A or B if the examiner had considered the technology-based solution to be an improvement to computer functionality.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceRecommendedAlways
[mpep-2106-06-b-e1cbc515683fa4a200ae69b9]
Streamlined Analysis for Clear Technological Improvement
Note:
Use streamlined analysis when claims clearly improve technology or computer functionality, otherwise perform full eligibility analysis.

If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility. See BASCOM Global Internet v. AT&T Mobility LLC, 827 F.3d 1341, 1349, 119 USPQ2d 1236, 1241 (Fed Cir. 2016). Only when the claims clearly improve technology or computer functionality, or otherwise have self-evident eligibility, should the streamlined analysis be used. For example, because the claims in BASCOM described the concept of filtering content, which is a method of organizing human behavior previously found to be abstract, the Federal Circuit considered them to present a “close call” in the first step of the Alice/Mayo test (Step 2A), and thus proceeded to the second step of the Alice/Mayo test (Step 2B) to determine their eligibility. Id. Although the Federal Circuit held these claims eligible at Step 2B (Pathway C) because they presented a “technology-based solution” of filtering content on the Internet that overcame the disadvantages of prior art filtering systems and that amounted to significantly more than the recited abstract idea, it also would be reasonable for an examiner to have found these claims eligible at Pathway A or B if the examiner had considered the technology-based solution to be an improvement to computer functionality.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-fae589a76bdce5ebbafd83ee]
Close Call Claims Require Full Eligibility Analysis
Note:
If claims are a close call in determining whether they improve technology or computer functionality, a full eligibility analysis must be performed.

If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility. See BASCOM Global Internet v. AT&T Mobility LLC, 827 F.3d 1341, 1349, 119 USPQ2d 1236, 1241 (Fed Cir. 2016). Only when the claims clearly improve technology or computer functionality, or otherwise have self-evident eligibility, should the streamlined analysis be used. For example, because the claims in BASCOM described the concept of filtering content, which is a method of organizing human behavior previously found to be abstract, the Federal Circuit considered them to present a “close call” in the first step of the Alice/Mayo test (Step 2A), and thus proceeded to the second step of the Alice/Mayo test (Step 2B) to determine their eligibility. Id. Although the Federal Circuit held these claims eligible at Step 2B (Pathway C) because they presented a “technology-based solution” of filtering content on the Internet that overcame the disadvantages of prior art filtering systems and that amounted to significantly more than the recited abstract idea, it also would be reasonable for an examiner to have found these claims eligible at Pathway A or B if the examiner had considered the technology-based solution to be an improvement to computer functionality.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-2106-06-b-26d93e509a4cc4aa555e6b44]
Requirement for Clear Improvement to Computer Functionality
Note:
The rule requires that claims must clearly improve computer functionality to be eligible under patent law, even if they present a technology-based solution at Step 2B of the Alice/Mayo test.

If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility. See BASCOM Global Internet v. AT&T Mobility LLC, 827 F.3d 1341, 1349, 119 USPQ2d 1236, 1241 (Fed Cir. 2016). Only when the claims clearly improve technology or computer functionality, or otherwise have self-evident eligibility, should the streamlined analysis be used. For example, because the claims in BASCOM described the concept of filtering content, which is a method of organizing human behavior previously found to be abstract, the Federal Circuit considered them to present a “close call” in the first step of the Alice/Mayo test (Step 2A), and thus proceeded to the second step of the Alice/Mayo test (Step 2B) to determine their eligibility. Id. Although the Federal Circuit held these claims eligible at Step 2B (Pathway C) because they presented a “technology-based solution” of filtering content on the Internet that overcame the disadvantages of prior art filtering systems and that amounted to significantly more than the recited abstract idea, it also would be reasonable for an examiner to have found these claims eligible at Pathway A or B if the examiner had considered the technology-based solution to be an improvement to computer functionality.

Jump to MPEP SourcePatent Eligibility

Citations

Primary topicCitation
MPEP § 2106.05(a)

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