How does improving the functioning of a computer or technology demonstrate practical application?
How does improving the functioning of a computer or technology demonstrate practical application?
Improving the functioning of a computer or technology is a strong indicator that a claim integrates a judicial exception into a practical application. The MPEP 2106.04(d) states:
“An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);”
To demonstrate an improvement:
- The claim should recite the specific improvement.
- The specification should provide sufficient details about how the improvement is achieved.
- The improvement should be to the computer itself or to another technology.
- The improvement should be more than a mere assertion of increased speed, efficiency, or accuracy.
For example, a claim that recites a specific way to solve a problem in computer networks, resulting in improved network performance, could demonstrate a practical application. However, simply stating that a process is performed faster on a computer without explaining how would not be sufficient.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(D) - Integration Of A Judicial Exception Into A Practical Application,
Patent Law,
Patent Procedure