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