How does extra-solution activity or field-of-use affect a machine’s contribution to patent eligibility?
The involvement of a machine in extra-solution activity or as a field-of-use limitation can significantly impact its contribution to patent eligibility. MPEP 2106.05(b) states: “Use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not integrate…
Read MoreWhat are some examples of laws of nature or natural phenomena that are not patentable?
The MPEP provides several examples of concepts and products that courts have identified as laws of nature or natural phenomena, which are not patentable. Some of these include: Isolated DNA Cloned farm animals Correlations between DNA variations and allele presence Metabolic correlations in the body Mathematical formulas (e.g., E=mc²) Electromagnetic signals Qualities of bacteria Single-stranded…
Read MoreWhat are examples of improvements to technology that may show patent eligibility?
The MPEP provides several examples of improvements to technology that may demonstrate patent eligibility. According to MPEP 2106.05(a), these include: A particular computerized method of operating a rubber molding press A new telephone, server, or combination thereof An advance in the process of downloading content for streaming Improved, particular method of digital data compression Particular…
Read MoreWhat are some examples of products that have been found to have or lack markedly different characteristics?
The MPEP provides several examples of products that have been found to have or lack markedly different characteristics from their natural counterparts. These examples are based on court decisions and help illustrate the application of the analysis. Products found to have markedly different characteristics: Chakrabarty’s genetically modified bacterium: “This bacterium had a changed functional characteristic,…
Read MoreWhat are some examples of disclosures that could be “otherwise available to the public”?
The MPEP 2152.02(e) provides several examples of disclosures that could be considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1): A student thesis in a university library A poster display or information disseminated at a scientific meeting Subject matter in a laid-open patent application or patent A document electronically posted on the Internet…
Read MoreWhat are some examples of claims that were found to be mere instructions to apply an exception?
The MPEP 2106.05(f) provides several examples of claims that courts have found to be mere instructions to apply an exception: Remotely accessing user-specific information through a mobile interface and pointers without describing how the mobile interface and pointers accomplish the result (Intellectual Ventures v. Erie Indem. Co.) A general method of screening emails on a…
Read MoreWhat are some examples of limitations that courts have described as merely indicating a field of use?
The MPEP 2106.05(h) provides several examples of limitations that courts have described as merely indicating a field of use or technological environment. Here are some key examples: Limiting drug administration to patients with a specific disorder (Mayo Collaborative Servs. v. Prometheus Labs. Inc.) Identifying participants in a hedging process as commodity providers and consumers (Bilski…
Read MoreWhat are examples of claims that do not recite abstract ideas?
The MPEP provides several examples of claims that do not recite abstract ideas: A method for calculating an absolute position of a GPS receiver A method for detecting suspicious activity using network monitors and analyzing network packets A specific data encryption method for computer communication A method for rendering a halftone image of a digital…
Read MoreWhat are examples of claims that do not integrate a judicial exception through treatment?
The MPEP 2106.04(d)(2) provides examples of claims that do not integrate a judicial exception through treatment. These include: Insignificant extra-solution activity: “For example, a claim reciting the step of ‘administering a drug providing 6-thioguanine to a patient’ (without more) is not a meaningful limitation.” General treatment: “For example, consider a claim that recites mentally analyzing…
Read MoreWhat are examples of claims that improve technology and are not directed to a judicial exception?
The MPEP provides several examples of claims that improve technology and are not directed to a judicial exception. These examples demonstrate how courts have found certain claims to be patent-eligible due to their technological improvements: Enfish, LLC v. Microsoft Corp.: Claims to a self-referential table for a computer database were found to be an improvement…
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