Can a combination of well-understood, routine, conventional elements be patent eligible?
Yes, a combination of well-understood, routine, conventional elements can potentially be patent eligible. The MPEP 2106.05(d) states:
“Even if one or more additional elements are well-understood, routine, conventional activity when considered individually, the combination of additional elements may amount to an inventive concept.”
This principle is supported by case law. For example, in BASCOM Global Internet Servs. v. AT&T Mobility LLC, the court found that while the additional elements were generic computer, network, and Internet components, the non-conventional and non-generic arrangement of these elements amounted to significantly more.
The MPEP further explains: “For example, a microprocessor that performs mathematical calculations and a clock that produces time data may individually be generic computer components that perform merely generic computer functions, but when combined may perform functions that are not generic computer functions and thus be an inventive concept.”
Therefore, it’s crucial to consider not just individual elements, but also their combination and arrangement when assessing patent eligibility.
To learn more: