What are examples of ‘certain methods of organizing human activity’ that are considered abstract ideas?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(A)(2) - Abstract Idea Groupings,
Patent Law,
Patent Procedure