How does the USPTO evaluate claims of improved computer functionality in patent applications?
The USPTO evaluates claims of improved computer functionality in patent applications by considering whether the claimed invention provides a technical improvement to the computer itself or to another technology. According to MPEP 2106.04(d)(1): “[T]he claim must be evaluated to ensure the claim itself reflects the disclosed improvement in technology… That is, the claim must include…
Read MoreHow 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 does the streamlined analysis apply to claims involving improvements to technology or computer functionality?
The streamlined analysis is particularly applicable to claims involving clear improvements to technology or computer functionality. According to MPEP 2106.06(b): “As explained by the Federal Circuit, some improvements to technology or to computer functionality are not abstract when appropriately claimed, and thus claims to such improvements do not always need to undergo the full eligibility…
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 MoreHow does “improvement to computer functionality” affect patent eligibility?
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…
Read MoreWhat is a “clear improvement” in patent eligibility?
A “clear improvement” in patent eligibility refers to improvements to technology or computer functionality that are not abstract when appropriately claimed. The Manual of Patent Examining Procedure (MPEP) § 2106.06(b) states: “As explained by the Federal Circuit, some improvements to technology or to computer functionality are not abstract when appropriately claimed, and thus claims to…
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