How does the concept of field of use relate to the step 2B analysis in the Alice/Mayo test?
The concept of field of use is particularly relevant to the Step 2B analysis in the Alice/Mayo test for patent eligibility. According to MPEP 2106.05(h): “Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step…
Read MoreWhat are some examples of well-understood, routine, conventional computer functions?
The MPEP 2106.05(d) provides several examples of computer functions that courts have recognized as well-understood, routine, and conventional when claimed in a merely generic manner or as insignificant extra-solution activity. These include: Receiving or transmitting data over a network Performing repetitive calculations Electronic recordkeeping Storing and retrieving information in memory Electronically scanning or extracting data…
Read MoreHow does an examiner determine if an element is well-understood, routine, conventional activity?
According to MPEP 2106.05(d), an examiner should determine that an element is well-understood, routine, conventional activity only when they can readily conclude, based on their expertise in the art, that the element is widely prevalent or in common use in the relevant industry. The MPEP states: “As such, an examiner should determine that an element…
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