How does streamlined eligibility analysis differ from full eligibility analysis?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

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.

Topics: MPEP 2100 - Patentability MPEP 2106.06(A) - Eligibility Is Self Evident Patent Law Patent Procedure
Tags: Patent Eligibility