What is the difference between the improvement analysis in Step 2A Prong Two and Step 2B?
The improvement analysis in Step 2A Prong Two differs from the analysis in Step 2B in a key aspect: consideration of what is well-understood, routine, and conventional activity. According to the MPEP: “Specifically, the ‘improvements’ analysis in Step 2A determines whether the claim pertains to an improvement to the functioning of a computer or to…
Read MoreHow do you determine if a characteristic is “markedly different”?
Determining whether a characteristic is “markedly different” is a critical part of the analysis for patent eligibility of nature-based products. The MPEP provides guidance on this evaluation: “The courts have emphasized that to show a marked difference, a characteristic must be changed as compared to nature, and cannot be an inherent or innate characteristic of…
Read MoreHow is “manufacture” defined for patent eligibility purposes?
How is “manufacture” defined for patent eligibility purposes? The term “manufacture” in patent law refers to one of the four categories of statutory subject matter. According to MPEP 2106.03, a manufacture is defined as follows: “A manufacture is a tangible article that is given a new form, quality, property, or combination through man-made or artificial…
Read MoreWhat is the definition of a “machine” in patent law?
What is the definition of a “machine” in patent law? In patent law, a “machine” is one of the four categories of statutory subject matter. The MPEP 2106.03 provides the following definition: “A machine is a concrete thing, consisting of parts, or of certain devices and combination of devices.“ This definition is derived from the…
Read MoreHow does the use of a computer in a claim affect the “mere instructions to apply” analysis?
The use of a computer in a claim does not automatically make the claim eligible or ineligible. According to MPEP 2106.05(f), the key consideration is how the computer is used in the claim: “Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit…
Read MoreHow does the use of a computer affect the evaluation of mental processes as abstract ideas?
The use of a computer in a claim does not automatically disqualify it from being considered a mental process. The MPEP provides guidance on how to evaluate such claims: “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…
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 MoreWhat constitutes a “composition of matter” in patent law?
What constitutes a “composition of matter” in patent law? A “composition of matter” is one of the four categories of statutory subject matter in patent law. The MPEP 2106.03 defines it as follows: “A composition of matter is all compositions of two or more substances and all composite articles, whether they be the results of…
Read MoreWhat constitutes a “commercial offer for sale” under the on-sale bar?
A commercial offer for sale, in the context of the on-sale bar, must be an offer that the other party could make into a binding contract by simple acceptance. The MPEP states: “Only an offer which rises to the level of a commercial offer for sale, one which the other party could make into a…
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