What are examples of “clear improvements” in patent eligibility?
The MPEP § 2106.06(b) provides several examples of “clear improvements” that can affect patent eligibility:
- Computer-related technology: “Claims directed to clear improvements to computer-related technology do not need the full eligibility analysis.” For example, claims to a self-referential table for a computer database were held eligible at step 1 of the Alice/Mayo test (Enfish case).
- Other technologies: “Claims directed to improvements to other technologies or technological processes, beyond computer improvements, may also avoid the full eligibility analysis.” For instance, claims to automatic lip synchronization and facial expression animation were found eligible at Step 1 (McRO case).
These examples demonstrate how clear improvements in various technological fields can be considered patent-eligible without undergoing the full eligibility analysis.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.06(B) - Clear Improvement To A Technology Or To Computer Functionality,
Patent Law,
Patent Procedure