How does the USPTO define a “process” for patent eligibility?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. How does the USPTO define a “process” for patent eligibility? According to MPEP 2106.03 , a “process” for patent eligibility is defined as follows: “ A process defines ‘actions’, i.e., an invention that is claimed as an act or step, or a series of acts or steps. “ The MPEP further clarifies that a process is not limited to a particular form of implementation: “ A process can be technological or not, and it can be performed by a machine, or by hand, or by a combination of both. ” This broad definition allows for a wide range of inventions to potentially qualify as patentable processes, provided they meet other criteria for patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Four Categories of Patentable Inventions MPEP 2106.03 Utility Not a Test for Patent Eligibility MPEP 2106 Recommended Invention Claimed as Series of Acts Required MPEP 2106.03 Definition of a Process as a Series of Acts MPEP 2106.03 Flowchart for Patent Eligibility Evaluation MPEP 2106 Permitted Definition of Manufactures for Patent Eligibility MPEP 2106.03 Machine Requirement for Patent Eligibility MPEP 2106.03 Alice/Mayo Two-Part Test for Patent Eligibility MPEP 2106 Recommended Use Alice/Mayo Two-Part Test for Patent Eligibility MPEP 2106 Broadest Reasonable Interpretation for Patent Eligibility MPEP 2106 Other Related FAQs 5 FAQs Collapse What constitutes a &#8220;composition of matter&#8221; in patent law? What is the definition of a &#8220;machine&#8221; in patent law? How is &#8220;manufacture&#8221; defined for patent eligibility purposes? What are the four categories of statutory subject matter for patent eligibility? What are the four categories of statutory subject matter...