What are some examples of insignificant extra-solution activities in patent claims?

The MPEP 2106.05(g) provides several examples of activities that courts have found to be insignificant extra-solution activity:

Mere Data Gathering:

  • Performing clinical tests to obtain input for an equation
  • Testing a system for a response, where the response is used to determine system malfunction
  • Presenting offers to potential customers and gathering statistics about their responses
  • Obtaining transaction information using the Internet to verify credit card transactions
  • Consulting and updating an activity log
  • Determining the level of a biomarker in blood

Selecting a Particular Data Source or Type of Data to be Manipulated:

  • Limiting a database index to XML tags
  • Taking food orders from only table-based or drive-through customers
  • Selecting information for collection, analysis, and display in a power-grid environment

Insignificant Application:

  • Cutting hair after first determining the hair style
  • Printing or downloading generated menus

These examples illustrate activities that do not add meaningful limitations to the claimed invention and are thus considered insignificant extra-solution activities.

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Topics: MPEP 2100 - Patentability, MPEP 2106.05(G) - Insignificant Extra - Solution Activity, Patent Law, Patent Procedure
Tags: Data Gathering, Data Manipulation, Insignificant Application, patent claims