How is a ‘process’ defined for patent eligibility purposes?
A process, for patent eligibility purposes, is defined as a series of actions or steps. The MPEP cites the Supreme Court’s definition from Gottschalk v. Benson:
“A ‘process’ is ‘a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to be transformed and reduced to a different state or thing.’“
This definition emphasizes that a process involves action and transformation. It’s important to note that under 35 U.S.C. 100(b), the term “process” is synonymous with “method.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter,
Patent Law,
Patent Procedure