How does a “clear improvement” affect the patent eligibility analysis?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

A “clear improvement” to technology or computer functionality can significantly simplify the patent eligibility analysis. According to MPEP § 2106.06(b):

In these cases, when the claims were viewed as a whole, their eligibility was self-evident based on the clear improvement, so no further analysis was needed.

This means that if a claim demonstrates a clear improvement, it may be considered eligible without going through the full Alice/Mayo test. The examiner might find such claims eligible at Pathway A based on the clear improvement, or at Pathway B (Step 2A) as not being directed to an abstract idea.

Topics: MPEP 2100 - Patentability MPEP 2106.06(B) - Clear Improvement To A Technology Or To Computer Functionality Patent Law Patent Procedure
Tags: Abstract Ideas, Mathematical Concepts, Patent Eligibility, Significantly More, Step 2a Prong1