How does the MPEP’s guidance on abstract ideas relate to the Alice Corp. v. CLS Bank decision?
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 MPEP’s guidance on abstract ideas is closely related to the Supreme Court’s decision in Alice Corp. v. CLS Bank. The MPEP directly references this case:
“[W]hile ‘all inventions at some level embody, use, reflect, rest upon, or apply laws of nature, natural phenomenon, or abstract ideas’, not all claims recite an abstract idea.” See Alice Corp. Pty. Ltd. v. CLS Bank, Int’l, 573 U.S. 208, 217, 110 USPQ2d 1976, 1980-81 (2014)
This citation from MPEP 2106.04(a)(1) illustrates how the MPEP incorporates the Alice decision’s principles. The Alice case established a two-step framework for determining patent eligibility:
- Determine whether the claims are directed to a patent-ineligible concept (such as an abstract idea)
- If so, consider whether the claim’s elements transform the nature of the claim into a patent-eligible application
The MPEP’s guidance, particularly in distinguishing between claims that recite abstract ideas and those that merely involve them, helps examiners apply the Alice framework consistently and accurately.