How does the USPTO evaluate improvements to computer functionality?
The USPTO evaluates improvements to computer functionality by determining whether the claim purports to improve computer capabilities or invokes computers merely as a tool. According to the MPEP: “In computer-related technologies, the examiner should determine whether the claim purports to improve computer capabilities or, instead, invokes computers merely as a tool.” The evaluation involves analyzing…
Read MoreHow should patent examiners evaluate the “improvements” consideration?
Patent examiners should evaluate the “improvements” consideration by carefully analyzing both the specification and the claims. The MPEP states: “During examination, the examiner should analyze the ‘improvements’ consideration by evaluating the specification and the claims to ensure that a technical explanation of the asserted improvement is present in the specification, and that the claim reflects…
Read MoreWhat are some examples that may not be sufficient to show an improvement in computer-functionality?
The MPEP provides several examples that courts have indicated may not be sufficient to show an improvement in computer-functionality. According to MPEP 2106.05(a), these include: Generating restaurant menus with functionally claimed features Accelerating a process of analyzing audit log data when the increased speed comes solely from the capabilities of a general-purpose computer Mere automation…
Read MoreWhat constitutes an improvement to technology under patent eligibility?
An improvement to technology under patent eligibility can be demonstrated by showing that the claimed invention improves the functioning of a computer or any other technology/technical field. The MPEP states: “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…
Read MoreWhat are examples of improvements to technology that may show patent eligibility?
The MPEP provides several examples of improvements to technology that may demonstrate patent eligibility. According to MPEP 2106.05(a), these include: A particular computerized method of operating a rubber molding press A new telephone, server, or combination thereof An advance in the process of downloading content for streaming Improved, particular method of digital data compression Particular…
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