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 should examiners analyze claims for ‘significantly more’ in Step 2B?
When analyzing claims for ‘significantly more’ in Step 2B, examiners should: Identify the additional elements beyond the judicial exception Explain why the additional elements, individually and in combination, do not amount to significantly more Consider whether the additional elements provide an inventive concept Provide evidence if asserting that elements are well-understood, routine, conventional activities MPEP…
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