How are mathematical concepts defined as abstract ideas in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
Mathematical concepts are one of the three main categories of abstract ideas identified in MPEP 2106.04(a)(2). The MPEP defines mathematical concepts as follows:
“Mathematical concepts” include mathematical relationships, mathematical formulas or equations, mathematical calculations.
Examples of mathematical concepts include:
- Performing a mathematical calculation
- Converting numerical representation in memory
- Using a formula to convert geospatial coordinates
- An algorithm for calculating parameters indicating an abnormal condition
It’s important to note that claims that do not recite mathematical concepts as such, but merely include limitations that are based on or involve a mathematical concept, may not be directed to a mathematical concept.
Topics:
MPEP 2100 - Patentability
MPEP 2106.04(A)(2) - Abstract Idea Groupings
Patent Law
Patent Procedure