Can a patent claim involving an abstract idea still be patentable?

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:

1. Determine if the claim is directed to an abstract idea.
2. 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.

To learn more:

• abstract ideas
• patentability
• practical application
• patent eligibility
• patent claims