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.

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Topics: MPEP 2100 - Patentability, MPEP 2106.05 - Eligibility Step 2B: Whether A Claim Amounts To Significantly More, Patent Law, Patent Procedure
Tags: Improvements To Computer Functioning, Practical Application, Significantly More, Step 2B, Technical Improvements