Can a patent claim involving an abstract idea still be patentable?
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 patent claim involving an abstract idea can still be patentable if it meets certain criteria. According to MPEP 2106.04(a)(2), the presence of an abstract idea in a claim does not automatically render it ineligible for patenting. The MPEP states:
“Claims that include abstract ideas are not automatically ineligible for patenting. Instead, such claims require further analysis to determine whether the abstract idea has been integrated into a practical application or whether the claim amounts to significantly more than the abstract idea itself.”
To determine patentability, examiners follow a two-step process:
- Determine if the claim is directed to an abstract idea.
- If so, evaluate whether the claim as a whole integrates the abstract idea into a practical application or adds significantly more to the abstract idea.
If the claim integrates the abstract idea into a practical application or adds significantly more, it may still be eligible for patenting despite including an abstract idea.