What are examples of abstract ideas “having no particular concrete or tangible form”?
The category of abstract ideas “having no particular concrete or tangible form” is a catch-all category for abstract ideas that don’t fit neatly into the other three categories (mathematical concepts, certain methods of organizing human activity, and mental processes) as described in MPEP 2106.04(a). While the MPEP doesn’t provide an exhaustive list, it does offer some examples:
- An idea ‘of itself’: This includes ideas standing alone such as an uninstantiated concept, plan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper.”
- Certain arrangements of printed matter: For example, a set of dice with printed matter on the faces.
- Data recognition and storage: As exemplified in Content Extraction and Transmission LLC v. Wells Fargo Bank.
The MPEP states: “The courts have declined to define abstract ideas, other than by example, so the above-identified concepts should be understood as examples and not as a definitive or exhaustive listing.“
It’s important to note that this category is flexible and can accommodate new types of abstract ideas as they are identified by the courts. When evaluating a claim for patent eligibility, examiners are instructed to consider whether the claim recites an abstract idea, regardless of whether it fits neatly into one of the enumerated categories.
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