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

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.

According to MPEP 2106.04(a)(2), ‘certain methods of organizing human activity’ include:

• Fundamental economic principles or practices (including hedging, insurance, mitigating risk)
• Commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations)
• Managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)

The MPEP provides specific examples, such as:

• Hedging (Bilski v. Kappos)
• Mitigating settlement risk (Alice Corp. v. CLS Bank)
• Rules for conducting a wagering game (In re Smith)
• Using advertising as an exchange or currency (Ultramercial, Inc. v. Hulu, LLC)

It’s important to note that “not all methods of organizing human activity are abstract ideas,” and the grouping is limited to the enumerated sub-groupings.