How does the USPTO distinguish between improvements to computer functionality and mere automation of manual processes?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 USPTO distinguishes between improvements to computer functionality and mere automation of manual processes by examining the technical nature of the improvement. According to MPEP 2106.04(d)(1):

“[I]f the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology.”

Examiners look for specific technical explanations of how the computer’s functionality is improved, rather than simply using a computer to perform tasks faster or more efficiently. Mere automation of manual processes using generic computer components is typically not considered an improvement to computer functionality.

Topics: MPEP 2100 - Patentability MPEP 2106.04(D)(1) - Evaluating Improvements In The Functioning Of A Computer Or An Improvement To Any Other Technology Or Technical Field In Step 2A Prong Two Patent Law Patent Procedure
Tags: Claims, Claims Required, Patent Application Content, Patent Eligibility