What is the “improvements consideration” in patent eligibility analysis?
The “improvements consideration” is a key factor in determining patent eligibility under Step 2A Prong Two of the Alice/Mayo test. According to MPEP 2106.04(d)(1), it involves evaluating whether “the claimed invention improves the functioning of a computer or improves another technology or technical field.” If such an improvement is demonstrated, the claim may be eligible…
Read MoreWhat are some examples of claims that improve technology and are not directed to a judicial exception?
The MPEP 2106.04(d)(1) provides several examples of claims that improve technology and are not directed to a judicial exception: Enfish, LLC v. Microsoft Corp.: Claims to a self-referential table for a computer database were found to be an improvement in computer capabilities. McRO, Inc. v. Bandai Namco Games Am. Inc.: Claims to automatic lip synchronization…
Read MoreHow should examiners evaluate the improvement to technology in a patent application?
Examiners should follow a two-step process to evaluate improvements to technology in a patent application, as outlined in MPEP 2106.04(d)(1): Evaluate the specification: The examiner should first determine if the disclosure provides sufficient details for one of ordinary skill in the art to recognize the claimed invention as providing an improvement. The MPEP states: “The…
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