How does streamlined analysis differ from the full Alice/Mayo test?
How does streamlined analysis differ from the full Alice/Mayo test?
The streamlined analysis differs from the full Alice/Mayo test in several key ways:
- Scope: Streamlined analysis is a quick assessment, while the Alice/Mayo test is a more comprehensive evaluation.
- Application: Streamlined analysis is used for claims that clearly do not tie up a judicial exception, whereas the Alice/Mayo test is applied to all claims that may involve abstract ideas, laws of nature, or natural phenomena.
- Steps: Streamlined analysis doesn’t require going through all the steps of the Alice/Mayo test, which includes identifying judicial exceptions and evaluating additional elements.
- Outcome: Streamlined analysis leads directly to eligibility, while the Alice/Mayo test may result in either eligibility or ineligibility.
As stated in MPEP 2106.06: “A streamlined eligibility analysis can be used for a claim that may or may not recite a judicial exception but, when viewed as a whole, clearly does not seek to tie up any judicial exception such that others cannot practice it.” This approach allows for more efficient examination of clearly eligible claims.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.06 - Streamlined Analysis,
Patent Law,
Patent Procedure