How is a claim with a tentative abstract idea evaluated for subject matter eligibility?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When a claim contains a tentative abstract idea, it is evaluated using the standard subject matter eligibility framework: Step 2A: If the claim integrates the tentative abstract idea into a practical application, it’s eligible. Step 2B: If not integrated, the claim is assessed for an inventive concept. The MPEP outlines this process: If the claim as a whole integrates the tentative abstract idea into a practical application, the claim is not directed to a judicial exception (Step 2A; NO) and thus is eligible at Pathway B. This concludes the eligibility analysis. If the claim as a whole does not integrate the tentative abstract idea into a practical application, then the claim is directed to a judicial exception (Step 2A: YES) and thus requires further analysis at Step 2B. ( MPEP 2106.04(a)(3) ) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Flowchart for Subject Matter Eligibility Analysis MPEP 2106 Recommended Flowchart for Subject Matter Eligibility Analysis MPEP 2106 Claim Not Directed to Abstract Idea MPEP 2106.04(a) Abstract Idea Integration into Practical Application Required for Patent Eligibility MPEP 2106 Claim Not Reciting Abstract Idea Unless Exception MPEP 2106.04(a) Integration of Abstract Ideas into Practical Applications Is Required for Patent Eligibility MPEP 2106 Required Claims Directed to Judicial Exception Must Have Significantly More Than Exception MPEP 2106 Prohibited Requirement for Practical Application Analysis of Abstract Ideas MPEP 2106.04(a) Examiners Use Grouped Abstract Ideas for Analysis MPEP 2106.04(a) Grouping Abstract Ideas Facilitates Examination MPEP 2106.04(a) Other Related FAQs 5 FAQs Collapse Does an examiner need TC Direc...