What constitutes a ‘particular machine’ in patent claims?
A ‘particular machine’ in patent claims refers to a device that is integral to the execution of the claimed method and provides more than just a generic application of a judicial exception. The MPEP 2106.05(b) provides guidance on determining whether a machine is ‘particular’ enough to integrate a judicial exception into a practical application or provide significantly more. Key factors include:
- The particularity or generality of the machine’s elements
- Whether the machine implements the steps of the method
- Whether the machine’s involvement is extra-solution activity or a field-of-use limitation
The MPEP cautions: “It is important to note that a general purpose computer that applies a judicial exception, such as an abstract idea, by use of conventional computer functions does not qualify as a particular machine.”
Examples of particular machines include the antenna system in Mackay Radio & Tel. Co. v. Radio Corp. of America and the Fourdrinier machine in Eibel Process Co. v. Minn. & Ont. Paper Co., where the machines were arranged in specific ways to achieve particular results.
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