What are some examples of claims that were found to be mere instructions to apply an exception?
The MPEP 2106.05(f) provides several examples of claims that courts have found to be mere instructions to apply an exception:
- Remotely accessing user-specific information through a mobile interface and pointers without describing how the mobile interface and pointers accomplish the result (Intellectual Ventures v. Erie Indem. Co.)
- A general method of screening emails on a generic computer without specific limitations addressing protection gap and volume issues (Intellectual Ventures I v. Symantec Corp.)
- Wireless delivery of out-of-region broadcasting content to a cellular telephone via a network without details of how the delivery is accomplished (Affinity Labs of Texas v. DirecTV, LLC)
- Using a computer to perform a fundamental economic practice (Alice Corp. v. CLS Bank)
- Generating a second menu from a first menu using generic computer components (Apple, Inc. v. Ameranth, Inc.)
These examples demonstrate cases where the claims recited an abstract idea or judicial exception and merely applied it using generic computer components or processes without adding significantly more.
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Topics:
MPEP 2100 - Patentability,
MPEP 2106.05(F) - Mere Instructions To Apply An Exception,
Patent Law,
Patent Procedure