How does the USPTO distinguish between improvements to computer functionality and mere automation of manual processes?
The USPTO distinguishes between improvements to computer functionality and mere automation of manual processes by examining the technical nature of the improvement. According to MPEP 2106.04(d)(1): “[I]f the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a…
Read MoreHow are computer-implemented functional claim limitations interpreted in patent examination?
Computer-implemented functional claim limitations are interpreted broadly in patent examination. According to MPEP 2114: “Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function.” This means that if a prior art device can inherently perform the claimed function, it may be grounds for…
Read MoreHow does automating a manual activity affect patentability?
Automating a manual activity is generally not sufficient to distinguish an invention over prior art. According to MPEP 2144.04, “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.” This principle is illustrated in the case of In re…
Read MoreWhat is the USPTO’s automated data management system for patent applications?
The USPTO maintains an automated data management system for retrieving and updating computer records of patent applications. This system allows for: Online retrieval and updating of application data Display of examiner time, activity, and docket records Tracking of technical support staff backlog As stated in the MPEP: “The USPTO maintains an automated data management system…
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