What is considered “well-understood, routine, conventional activity” in patent eligibility analysis?
“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…
Read MoreWhat are some examples of well-understood, routine, conventional computer functions?
The MPEP 2106.05(d) provides several examples of computer functions that courts have recognized as well-understood, routine, and conventional when claimed in a merely generic manner or as insignificant extra-solution activity. These include: Receiving or transmitting data over a network Performing repetitive calculations Electronic recordkeeping Storing and retrieving information in memory Electronically scanning or extracting data…
Read MoreWhat are some examples of well-understood, routine, conventional activities in life science arts?
The MPEP 2106.05(d) provides several examples of laboratory techniques that courts have recognized as well-understood, routine, conventional activity in the life science arts when claimed in a merely generic manner or as insignificant extra-solution activity. These include: Determining the level of a biomarker in blood by any means Using polymerase chain reaction to amplify and…
Read MoreHow does an examiner determine if an element is well-understood, routine, conventional activity?
According to MPEP 2106.05(d), an examiner should determine that an element is well-understood, routine, conventional activity only when they can readily conclude, based on their expertise in the art, that the element is widely prevalent or in common use in the relevant industry. The MPEP states: “As such, an examiner should determine that an element…
Read MoreCan a combination of well-understood, routine, conventional elements be patent eligible?
Yes, a combination of well-understood, routine, conventional elements can potentially be patent eligible. The MPEP 2106.05(d) states: “Even if one or more additional elements are well-understood, routine, conventional activity when considered individually, the combination of additional elements may amount to an inventive concept.” This principle is supported by case law. For example, in BASCOM Global…
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