What are examples of claims with self-evident eligibility?

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 2106.06(a) provides several examples of claims with self-evident eligibility:

  • Robotic arm assembly: “A robotic arm assembly having a control system that operates using certain mathematical relationships is clearly not an attempt to tie up use of the mathematical relationships and would not require a full analysis to determine eligibility.”
  • Artificial hip prosthesis: “A claim directed to an artificial hip prosthesis coated with a naturally occurring mineral is not an attempt to tie up the mineral.”
  • Products with ancillary nature-based components: “A claim that is directed to a cellphone with an electrical contact made of gold or a plastic chair with wood trim, would not require analysis of the nature-based component to determine whether the claims are directed to a ‘product of nature’ exception.”

These examples illustrate claims that do not attempt to monopolize judicial exceptions and thus qualify for streamlined eligibility analysis.

Topics: MPEP 2100 - Patentability MPEP 2106.06(A) - Eligibility Is Self Evident Patent Law Patent Procedure
Tags: Patent Eligibility