Can a claim that requires 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 can still be considered a mental process. The MPEP states:

“Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea.”

The MPEP provides guidance on evaluating such claims:

“Examiners should review the specification to determine if the claimed invention is described as a concept that is performed in the human mind and applicant is merely claiming that concept performed 1) on a generic computer, or 2) in a computer environment, or 3) is merely using a computer as a tool to perform the concept. In these situations, the claim is considered to recite a mental process.”

Therefore, simply implementing a mental process on a computer does not automatically make it patent-eligible. The key is to determine whether the claim is directed to an improvement in computer functionality or is merely using the computer as a tool to perform a mental process.