What 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 should examiners evaluate applicant’s arguments regarding the improvement to computer functionality or other technology?
When evaluating applicant’s arguments regarding improvements to computer functionality or other technology, examiners should: Carefully consider the applicant’s arguments and any supporting evidence provided. Determine whether the claimed invention provides a technical improvement that is reflected in the specification. Assess whether the improvement is to the functioning of a computer itself or to any other…
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