How does the USPTO evaluate claims of improved computer functionality in patent applications?
The USPTO evaluates claims of improved computer functionality in patent applications by considering whether the claimed invention provides a technical improvement to the computer itself or to another technology. According to MPEP 2106.04(d)(1): “[T]he claim must be evaluated to ensure the claim itself reflects the disclosed improvement in technology… That is, the claim must include…
Read MoreHow should examiners evaluate applicant’s arguments regarding the improvement to computer functionality or other technology?
When evaluating applicant’s arguments regarding improvements to computer functionality or other technology, examiners should: Carefully consider the applicant’s arguments and any supporting evidence provided. Determine whether the claimed invention provides a technical improvement that is reflected in the specification. Assess whether the improvement is to the functioning of a computer itself or to any other…
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