What are examples of “applying it” with a computer in patent claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
Examples of “applying it” with a computer in patent claims, which may indicate mere instructions to apply an exception, include:
- Using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data)
- Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer
- Requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry
As stated in MPEP 2106.05(f): “When determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer, examiners may consider the following.”
Topics:
MPEP 2100 - Patentability
MPEP 2106.05(F) - Mere Instructions To Apply An Exception
Patent Law
Patent Procedure