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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.05(G) - Insignificant Extra - Solution Activity,
Patent Law,
Patent Procedure