How does the USPTO evaluate block diagram disclosures in computer-related patent applications?
The USPTO evaluates block diagram disclosures in computer-related patent applications based on the complexity and comprehensiveness of the system. The MPEP distinguishes between two categories:
- Systems that include but are more comprehensive than a computer
- Systems where the block elements are totally within the confines of a computer
For the first category, the examiner should analyze each block element component, focusing on the diverse functions attributed to each block and how they could be implemented. If more than routine experimentation would be required to implement a component, the examiner may challenge the enablement of that component.
For the second category, the sufficiency of the disclosure depends on the level of detail provided. The MPEP notes:
“In some instances, it has been found that particular kinds of block diagram disclosures were sufficient to meet the enabling requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.”
However, the disclosure should include a reference to and reliance on an identified prior art computer system and an operative computer program for the referenced system to be considered sufficient.
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