Can a claim involving a computer still be considered a mental process?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, a claim that requires a computer may still be considered a mental process. According to MPEP 2106.04(a)(2):
Claims can recite a mental process even if they are claimed as being performed on a computer.
The MPEP outlines three scenarios where a computer-related claim might still be considered a mental process:
- Performing a mental process on a generic computer
- Performing a mental process in a computer environment
- Using a computer as a tool to perform a mental process
For example, in Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., the court concluded that computer-implemented methods for “anonymous loan shopping” were directed to an abstract idea because they could be “performed by humans without a computer.”
When evaluating such claims, examiners are instructed to consider whether the claim is merely implementing a mental process on a generic computer, performing it in a computer environment, or using a computer as a tool to perform the mental process.