What are the main categories of abstract ideas?

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.

According to the MPEP, there are three main groupings of abstract ideas:

• Mathematical concepts
• Certain methods of organizing human activity
• Mental processes

The MPEP states: “The enumerated groupings of abstract ideas are defined as:

1. Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations
2. Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
3. Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)“

   These groupings provide a framework for identifying abstract ideas in patent claims.

   Related Rules from the Manual of Patent Examining Procedure

   10 rules

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   • Requirement for Identifying Abstract Idea GroupingsMPEP 2106.04(a)
   • Abstract Ideas DefinedMPEP 2106.04(a)
   • Categories of Statutory Subject Matter RequiredMPEP 2105
   • Integration of Abstract Ideas into Practical Applications Is PatentableMPEP 2106Required
   • Flowchart for Subject Matter Eligibility AnalysisMPEP 2106Recommended
   • Examiners Use Grouped Abstract Ideas for AnalysisMPEP 2106.04(a)
   • Grouping Abstract Ideas Facilitates ExaminationMPEP 2106.04(a)
   • Requirement for Identifying Claim Limitations as Abstract IdeasMPEP 2106.04(a)Recommended
   • Claim Recites Abstract Idea If Limitation Falls Within GroupingsMPEP 2106.04(a)
   • Claim Not Reciting Abstract Idea Unless ExceptionMPEP 2106.04(a)

   Other Related FAQs

   5 FAQs

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   • What are “certain methods of organizing human activity” in patent law?
   • Can a claim that requires a computer still be considered a mental process?
   • How does the use of a computer affect the evaluation of mental processes as abstract ideas?
   • What are examples of abstract ideas “having no particular concrete or tangible form”?
   • What are examples of claims that do not recite abstract ideas?