How does the Bilski machine-or-transformation test relate to the “particular machine” consideration?

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.

The Bilski machine-or-transformation test is closely related to the “particular machine” consideration in patent eligibility analysis. While the test is no longer the sole criterion for determining patent eligibility, it remains an important “investigative tool.” Here’s how it relates to the particular machine consideration:

• The machine prong of the test aligns with the particular machine analysis.
• A claim that passes the machine-or-transformation test is likely to satisfy the particular machine requirement.
• However, passing the test is not a guarantee of patent eligibility.

As stated in MPEP 2106.05(b): “While the machine-or-transformation test is an important clue to eligibility, it should not be used as a separate test for eligibility, but instead should be considered as part of the ‘integration’ determination or ‘significantly more’ determination articulated in the Alice/Mayo test.”