Can a general-purpose computer ever qualify as a “particular machine” for patent eligibility?
While a general-purpose computer is typically not considered a “particular machine” for patent eligibility purposes, there are circumstances where it might qualify. The key is how the computer is programmed and used in the claimed invention. Here are some considerations:
- A general-purpose computer programmed to perform specific functions may be considered a particular machine.
- The programming must transform the general-purpose computer into a special-purpose computer.
- The claimed invention should go beyond merely executing an algorithm on a general-purpose computer.
MPEP 2106.05(b) states: “In order for a machine to add significantly more, it must ‘play a significant part in permitting the claimed method to be performed, rather than function solely as an obvious mechanism for permitting a solution to be achieved more quickly’.”
Additionally, the MPEP notes: “Whether its involvement is extra-solution activity or a field-of-use, i.e., the extent to which (or how) the machine or apparatus imposes meaningful limits on the claim. Use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not provide significantly more.”
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