Patent Law FAQ

Improvements to computer functionality can be a key factor in establishing patent eligibility. According to MPEP 2106.05(a):

“If it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification.”

The MPEP cites several examples of improvements to computer functionality that courts have found to be patent-eligible:

• A modification of conventional Internet hyperlink protocol to dynamically produce a dual-source hybrid webpage (DDR Holdings)
• A specific improvement to the way computers operate (Enfish)
• A particular method of incorporating virus screening into the Internet (Symantec Corp)

However, the MPEP also notes that “the mere fact that a computer may be able to perform the claimed steps more efficiently does not necessarily render an abstract idea less abstract.”

The key is that the improvement must be to the functioning of a computer or other technology, not just an improvement to an abstract idea implemented on a computer.

To learn more:

• patent eligibility
• computer functionality
• Alice/Mayo test
• judicial exception
• abstract idea