How does the USPTO define “mathematical concepts” as abstract ideas?
The USPTO, in MPEP 2106.04(a), defines mathematical concepts as a category of abstract ideas. According to the MPEP:
“Mathematical concepts” refers to mathematical relationships, mathematical formulas or equations, and mathematical calculations.“
The MPEP further elaborates on these subcategories:
- Mathematical relationships: Relationships between variables or numbers, such as a ratio or organizing information through mathematical correlations
- Mathematical formulas or equations: Explicitly stated formulas or equations in words or using mathematical symbols
- Mathematical calculations: Numerical calculations or manipulations, including those performable by human mind or with pen and paper
It’s important to note that claims involving mathematical concepts are not automatically abstract. The MPEP states: “A claim does not recite a mathematical concept (i.e., the claim limitations do not fall within the mathematical concept grouping), if it is only based on or involves a mathematical concept.” The key is to analyze whether the claim as a whole is directed to a mathematical concept.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(A) - Abstract Ideas,
Patent Law,
Patent Procedure