How does MPEP 2114 address computer-implemented functional claim limitations?
MPEP 2114 provides specific guidance on computer-implemented functional claim limitations. Key points include: For computer-implemented functional claim limitations, the specification must disclose an algorithm for performing the claimed function. If the specification does not provide a disclosure of the computer and algorithm in sufficient detail, a rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C.…
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 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…
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