How does streamlined eligibility analysis differ from full eligibility analysis?
Streamlined eligibility analysis is a simplified approach for assessing patent eligibility when a claim’s eligibility is self-evident. The main differences between streamlined and full eligibility analysis are:
- Complexity: Streamlined analysis is simpler and faster than the full analysis.
- Applicability: Streamlined analysis is used for claims that clearly do not tie up judicial exceptions, while full analysis is required for more complex cases.
- Process: Streamlined analysis does not require going through all steps of the full analysis, as stated in MPEP 2106.06(a): “Such claims do not need to proceed through the full analysis herein as their eligibility will be self-evident.”
It’s important to note that claims not qualifying as eligible after Step 2B of the full analysis are not suitable for streamlined analysis, as they lack self-evident eligibility.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.06(A) - Eligibility Is Self Evident,
Patent Law,
Patent Procedure