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

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 2106.05(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.