How does streamlined eligibility analysis differ from full eligibility analysis?
Streamlined eligibility analysis is a simplified approach for assessing patent eligibility when a claim’s eligibility is self-evident. The main differences between streamlined and full eligibility analysis are: Complexity: Streamlined analysis is simpler and faster than the full analysis. Applicability: Streamlined analysis is used for claims that clearly do not tie up judicial exceptions, while full…
Read MoreWhen should a full eligibility analysis be performed instead of using the streamlined approach?
According to MPEP § 2106.06(b), a full eligibility analysis should be performed when the claims present a “close call” regarding improvement to technology or computer functionality. The MPEP states: “If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be…
Read MoreWhen should a patent examiner use the full eligibility analysis instead of the streamlined approach?
A patent examiner should use the full eligibility analysis (Alice/Mayo test) instead of the streamlined approach when there is doubt about whether the applicant is seeking coverage for a judicial exception. According to MPEP 2106.06: “However, if there is doubt as to whether the applicant is effectively seeking coverage for a judicial exception itself, the…
Read More