What are examples of claims that may qualify for streamlined eligibility analysis?

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.

Claims that may qualify for streamlined eligibility analysis are those where eligibility is self-evident and do not attempt to tie up judicial exceptions. MPEP 2106.06(a) provides several examples:

  • A complex manufactured industrial product or process with meaningful limitations alongside a judicial exception
  • A robotic arm assembly with a control system using certain mathematical relationships
  • An artificial hip prosthesis coated with a naturally occurring mineral
  • Products with ancillary nature-based components, such as a cellphone with gold electrical contacts or a plastic chair with wood trim

The MPEP states:

“For instance, a claim directed to a complex manufactured industrial product or process that recites meaningful limitations along with a judicial exception may sufficiently limit its practical application so that a full eligibility analysis is not needed.”

These examples illustrate cases where the claims clearly do not attempt to monopolize a judicial exception and thus can be quickly determined as eligible through the streamlined analysis.

Topics: MPEP 2100 - Patentability MPEP 2106.06 - Streamlined Analysis Patent Law Patent Procedure
Tags: Patent Eligibility