What are examples of ‘certain methods of organizing human activity’ that are considered abstract ideas?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

The MPEP identifies several categories of ‘certain methods of organizing human activity’ that are considered abstract ideas:

  1. Fundamental economic principles or practices, including hedging, insurance, and mitigating risk
  2. Commercial or legal interactions, including:
    • Agreements in the form of contracts
    • Legal obligations
    • Advertising, marketing, or sales activities or behaviors
    • Business relations
  3. Managing personal behavior or relationships or interactions between people, including:
    • Social activities
    • Teaching
    • Following rules or instructions

The MPEP provides examples for each category, such as:

  • “Hedging” (Bilski v. Kappos)
  • “Mitigating settlement risk” (Alice Corp. v. CLS Bank)
  • “Processing insurance claims for a covered loss” (Accenture Global Services v. Guidewire Software)
  • “Managing a game of bingo” (Planet Bingo, LLC v. VKGS LLC)

These examples illustrate the types of human activities that are often considered abstract ideas when claimed in a patent application.

Topics: MPEP 2100 - Patentability MPEP 2106.04(A) - Abstract Ideas Patent Law Patent Procedure
Tags: Patent Eligibility