What is the “reasonable correlation” standard for computer-implemented inventions?
The “reasonable correlation” standard for computer-implemented inventions refers to the requirement that the disclosure must provide a reasonable correlation between the claimed function and the associated structure, material, or acts described in the specification. This standard is outlined in MPEP 2164.06(c), which states: “The examiner has the initial burden to establish a reasonable basis to…
Read MoreWhat are the key considerations for computer-implemented inventions under 35 U.S.C. 112?
For computer-implemented inventions, there are several key considerations under 35 U.S.C. 112, particularly regarding written description and enablement requirements. The MPEP 2185 highlights: “If the means- (or step-) plus-function limitation is computer-implemented, and the specification does not provide a disclosure of the computer and algorithm in sufficient detail to demonstrate to one of ordinary skill…
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 MoreCan a claim involving a computer still be considered a mental process?
Yes, a claim that requires a computer may still be considered a mental process. According to MPEP 2106.04(a)(2): Claims can recite a mental process even if they are claimed as being performed on a computer. The MPEP outlines three scenarios where a computer-related claim might still be considered a mental process: Performing a mental process…
Read More