How does the use of a machine or transformation test affect patent eligibility?

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 machine-or-transformation test can be a useful tool in determining whether a claim recites significantly more than a judicial exception. However, it is not the sole test for deciding whether an invention is a patent-eligible application of an abstract idea. According to MPEP 2106.05(f):

“Use of a machine or transformation of an article must impose meaningful limits on the claim’s scope to impart patent-eligibility. Use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not integrate a judicial exception or provide significantly more.”

This means that merely using a generic computer or machine to perform an abstract idea is not sufficient to make the claim patent-eligible. The machine must play a significant part in permitting the claimed method to be performed, rather than function solely as an obvious mechanism for permitting a solution to be achieved more quickly.