What is the “transformation or reduction of an article” consideration in practical application analysis?
What is the “transformation or reduction of an article” consideration in practical application analysis? The “transformation or reduction of an article” consideration is one of the factors used to determine if a claim integrates a judicial exception into a practical application. According to MPEP 2106.04(d): “Effecting a transformation or reduction of a particular article to…
Read MoreWhat qualifies as a “transformation” under MPEP 2106.05(c)?
According to MPEP 2106.05(c), a transformation under the particular transformation consideration involves changing an “article” to a different state or thing. The MPEP provides the following guidance: Article: “An ‘article’ includes a physical object or substance.” Particularity: “The physical object or substance must be particular, meaning it can be specifically identified.” Change: “‘Transformation’ of an…
Read MoreHow does “transformation” factor into patent eligibility?
Transformation of an article to a different state or thing is an important consideration in patent eligibility analysis. MPEP 2106.05(c) states: “Transformation and reduction of an article ‘to a different state or thing’ is the clue to patentability of a process claim that does not include particular machines.” The MPEP provides some factors to consider:…
Read MoreHow does “transformation” relate to particular treatment in patent claims?
The concept of “transformation” is closely related to particular treatment in patent claims, as discussed in MPEP 2106.04(d)(2). The MPEP states: “[A] treatment or prophylaxis limitation encompasses more than just the step of ‘administering’ a medication or therapy. For example, ‘administering a medication’ to a patient may also include the steps of determining the appropriate…
Read MoreHow does the “particular transformation” consideration relate to the Alice/Mayo test?
The “particular transformation” consideration is an important factor within the Alice/Mayo test for patent eligibility, but it is not a standalone test. According to MPEP 2106.05(c): If a claim passes the Alice/Mayo test (i.e., is not directed to an exception at Step 2A, or amounts to significantly more than any recited exception in Step 2B),…
Read MoreWhat is the “particular transformation” consideration in patent eligibility?
The “particular transformation” consideration is an important factor in determining patent eligibility under MPEP 2106.05(c). It evaluates whether a claim “effects a transformation or reduction of a particular article to a different state or thing.” As stated in the MPEP: “[T]ransformation and reduction of an article ‘to a different state or thing’ is the clue…
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