What are the specific categories of abstract ideas recognized by the USPTO?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 USPTO recognizes four main categories of abstract ideas:

  • Mathematical concepts: Including mathematical relationships, formulas, equations, and calculations.
  • Certain methods of organizing human activity: Such as fundamental economic principles, commercial interactions, and managing personal behavior or relationships.
  • Mental processes: Concepts performed in the human mind, including observation, evaluation, judgment, and opinion.
  • Other abstract ideas: Ideas that do not fit neatly into the above categories but are still considered abstract.

As stated in MPEP 2106.04(a): “The enumerated groupings of abstract ideas are defined as: 1) Mathematical concepts […]; 2) Certain methods of organizing human activity […]; and 3) Mental processes […].”

Topics: MPEP 2100 - Patentability MPEP 2106.04(A) - Abstract Ideas Patent Law Patent Procedure
Tags: Patent Eligibility