How does the “particular machine” consideration apply to internet and software-related inventions?

The “particular machine” consideration for internet and software-related inventions requires careful analysis. These inventions often rely on general-purpose computers or networks, which may not inherently qualify as particular machines. Here’s how the consideration applies:

• The focus is on how the claimed invention uses the computer or network, not just the presence of these components.
• Software that improves the functioning of a computer itself may be considered to involve a particular machine.
• Mere implementation of an abstract idea on the internet does not automatically make it a particular machine.
• The claimed system should be more than a generic computer performing generic computer functions.

MPEP 2106.05(b) provides guidance: “When determining whether a claim recites significantly more than a judicial exception, examiners should consider whether the judicial exception is applied with, or by use of, a particular machine.”

The MPEP further states: “Integral use of a machine to achieve performance of a method may integrate the recited judicial exception into a practical application or provide significantly more, in contrast to where the machine is merely an object on which the method operates, which does not integrate the exception into a practical application or provide significantly more.”

To learn more:

• internet inventions
• software patents
• particular machine
• patent eligibility