What are examples of abstract ideas “having no particular concrete or tangible form”?
The category of abstract ideas “having no particular concrete or tangible form” is a catch-all category for abstract ideas that don’t fit neatly into the other three categories (mathematical concepts, certain methods of organizing human activity, and mental processes) as described in MPEP 2106.04(a). While the MPEP doesn’t provide an exhaustive list, it does offer…
Read MoreHow does the use of a computer affect the evaluation of mental processes as abstract ideas?
The use of a computer in a claim does not automatically disqualify it from being considered a mental process. The MPEP provides guidance on how to evaluate such claims: “Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that…
Read MoreCan a claim that requires a computer still be considered a mental process?
Yes, a claim that requires a computer can still be considered a mental process. The MPEP states: “Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within…
Read MoreWhat are “certain methods of organizing human activity” in patent law?
“Certain methods of organizing human activity” is one of the categories of abstract ideas identified by the courts and discussed in MPEP 2106.04(a). This category encompasses various types of human activities that have been deemed abstract. The MPEP states: “The phrase “methods of organizing human activity” is used to describe concepts relating to: fundamental economic…
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