How should patent examiners evaluate the “improvements” consideration?
Patent examiners should evaluate the “improvements” consideration by carefully analyzing both the specification and the claims. The MPEP states: “During examination, the examiner should analyze the ‘improvements’ consideration by evaluating the specification and the claims to ensure that a technical explanation of the asserted improvement is present in the specification, and that the claim reflects…
Read MoreWhat is the “improvements consideration” in patent eligibility analysis?
The “improvements consideration” is a key factor in determining patent eligibility under Step 2A Prong Two of the Alice/Mayo test. According to MPEP 2106.04(d)(1), it involves evaluating whether “the claimed invention improves the functioning of a computer or improves another technology or technical field.” If such an improvement is demonstrated, the claim may be eligible…
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