How does the USPTO evaluate improvements to technology in Step 2A Prong Two?
In Step 2A Prong Two, the USPTO evaluates whether the claim as a whole integrates the judicial exception into a practical application, including by considering if the claimed invention improves the functioning of a computer or other technology/technical field.
As stated in MPEP 2106.04(d)(1): “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. Conversely, if 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.”
If the specification sets forth an improvement, the claim must be evaluated to ensure that it reflects the disclosed improvement. The claim itself does not need to explicitly recite the improvement described in the specification.
To learn more: