Can a claim that requires a computer still be considered a mental process?
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.
To learn more: