How does the USPTO evaluate improvements to technology in patent eligibility?

The USPTO evaluates improvements to technology as part of the practical application analysis in Step 2A Prong Two of the patent eligibility test. This evaluation involves two key steps:

1. Examining the specification to determine if it provides sufficient details about the improvement.
2. Ensuring the claim reflects the disclosed improvement.

As stated in the MPEP:

“First the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. The specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art.”

It’s important to note that the improvement analysis at Step 2A Prong Two differs from the improvement analysis at Step 2B, as it does not consider what is well-understood, routine, and conventional activity.

To learn more:

• patent eligibility
• improvements to technology
• practical application
• Step 2A
• specification