What are examples of ‘certain methods of organizing human activity’ that are considered abstract ideas?
According to MPEP 2106.04(a)(2), ‘certain methods of organizing human activity’ include: Fundamental economic principles or practices (including hedging, insurance, mitigating risk) Commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations) Managing personal behavior or relationships or interactions between people (including social…
Read MoreWhat is the “one patent per invention” rule in 35 U.S.C. 101?
The “one patent per invention” rule is a fundamental principle derived from 35 U.S.C. 101. As explained in MPEP 2104: “35 U.S.C. 101 has been interpreted as imposing four requirements. First, whoever invents or discovers an eligible invention may obtain only ONE patent therefor.“ This rule means that an inventor can obtain only one patent…
Read MoreWhat types of inventions are considered non-statutory subject matter?
According to the MPEP, non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as…
Read MoreCan a non-profit sale trigger the on-sale bar?
Yes, a non-profit sale can trigger the on-sale bar under 35 U.S.C. 102(b). The MPEP clearly states: A “sale” need not be for profit to bar a patent. If the sale was for the commercial exploitation of the invention, it is “on sale” within the meaning of pre-AIA 35 U.S.C. 102(b). (MPEP 2133.03(b)) This interpretation…
Read MoreWhat are some examples of transformations that are not considered “particular” for patent eligibility?
The MPEP 2106.05(c) provides several examples of transformations that are not considered “particular” for patent eligibility purposes: Data manipulation: Organizing information through mathematical correlations. Displaying data: Presenting the results of abstract processes of collecting and analyzing information without more. Combining data: Gathering and combining data that does not require a particular transformation of a particular…
Read MoreWhat types of transformations are generally not considered patent-eligible under MPEP 2106.05(c)?
MPEP 2106.05(c) provides guidance on transformations that are generally not considered patent-eligible: Mental Processes: Purely mental processes in which thoughts or human based actions are “changed” are not considered an eligible transformation. Data Manipulation: For data, mere “manipulation of basic mathematical constructs [i.e.,] the paradigmatic ‘abstract idea,’” has not been deemed a transformation. Insignificant Transformations:…
Read MoreCan multiple interim extensions be granted for a single patent?
Can multiple interim extensions be granted for a single patent? Yes, multiple interim extensions can be granted for a single patent. MPEP 2755.01 states: “If a determination is made that the patent is eligible for extension, an interim extension is granted for a period of up to one year. Additional interim extensions may be granted…
Read MoreHow does the MPEP’s guidance on abstract ideas relate to the Alice Corp. v. CLS Bank decision?
The MPEP’s guidance on abstract ideas is closely related to the Supreme Court’s decision in Alice Corp. v. CLS Bank. The MPEP directly references this case: “[W]hile ‘all inventions at some level embody, use, reflect, rest upon, or apply laws of nature, natural phenomenon, or abstract ideas’, not all claims recite an abstract idea.” See…
Read MoreWhat are examples of ‘certain methods of organizing human activity’ that are considered abstract ideas?
The MPEP identifies several categories of ‘certain methods of organizing human activity’ that are considered abstract ideas: Fundamental economic principles or practices, including hedging, insurance, and mitigating risk Commercial or legal interactions, including: Agreements in the form of contracts Legal obligations Advertising, marketing, or sales activities or behaviors Business relations Managing personal behavior or relationships…
Read MoreWhat is the relationship between “mere instructions to apply an exception” and improvements to technology?
The concepts of “mere instructions to apply an exception” and improvements to technology are closely related in patent eligibility analysis. The MPEP 2106.05(f) explains this relationship: “[A] claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more.” Key points…
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