How does the USPTO evaluate “improvements to the functioning of a computer” in Step 2B?
The USPTO evaluates “improvements to the functioning of a computer” in Step 2B by looking for specific, technical improvements that go beyond mere abstract ideas. According to MPEP 2106.05(a):
“An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a), may integrate a judicial exception into a practical application or provide significantly more.”
To be considered an improvement, the claimed invention should:
- Provide a technical explanation of the improvement in the specification
- Reflect the improvement in the claims
- Offer a solution to a problem in the relevant field
- Be more than a mere assertion of an improvement without substantive details
Examiners will consider whether the claimed invention improves the computer’s functionality or efficiency, or otherwise changes the way the computer operates.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.05 - Eligibility Step 2B: Whether A Claim Amounts To Significantly More,
Patent Law,
Patent Procedure