How does “field of use” affect patent eligibility?
The concept of “field of use” is important in patent eligibility analysis. According to MPEP 2106.05(h):
“Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use.”
The MPEP explains that merely limiting the use of an abstract idea to a particular technological environment does not make the idea patentable. For example, in Parker v. Flook, limiting the use of a mathematical formula to the petrochemical and oil-refining fields was not enough to make the claim patent-eligible.
Examples of limitations that courts have found to be merely indicating a field of use include:
- Limiting the abstract idea of collecting information, analyzing it, and displaying certain results to data related to the electric power grid
- Limiting the use of a mathematical formula to the petrochemical and oil-refining industries
- Limiting the use of an abstract idea to a particular technological environment, such as computers or mobile devices
To overcome a field of use rejection, the claim should show how the invention improves the specific technology or technical field, rather than merely applying an abstract idea within that field.
To learn more: