How are mental processes defined as abstract ideas in patent law?

Mental processes are the third main category of abstract ideas identified in MPEP 2106.04(a)(2). The MPEP defines mental processes as:

“Mental processes” include concepts performed in the human mind (including an observation, evaluation, judgment, opinion).

Key points about mental processes as abstract ideas:

• They can be performed entirely in the human mind or with the aid of pen and paper.
• Claims that can be performed mentally or which are equivalent to human mental work are likely to be abstract.
• Even if a claim requires a computer, it may still be considered a mental process if the computer is used merely as a tool to perform the mental steps.

Examples of mental processes include:

• Collecting and comparing known information
• Using rules to identify options
• Diagnosing an abnormal condition by performing clinical tests and analyzing the results

It’s important to note that claims that cannot practically be performed in the human mind are not considered mental processes.

To learn more:

• mental processes
• abstract ideas
• patent law
• human mind concepts
• patent claims