How do examiners evaluate whether additional elements amount to significantly more?
According to MPEP 2106.05, examiners should evaluate whether additional elements amount to significantly more by considering:
- Improvements to the functioning of a computer or to any other technology/technical field
- Applying the judicial exception with, or by use of, a particular machine
- Effecting a transformation or reduction of a particular article to a different state or thing
- Adding a specific limitation other than what is well-understood, routine, conventional activity in the field
- Other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment
The MPEP states: “Examiners should keep in mind that the enumerated considerations are not exclusive and do not constitute a definitive list of considerations for determining whether a claim recites significantly more.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.05 - Eligibility Step 2B: Whether A Claim Amounts To Significantly More,
Patent Law,
Patent Procedure