What is a “clear improvement” in patent eligibility?

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.

A “clear improvement” in patent eligibility refers to improvements to technology or computer functionality that are not abstract when appropriately claimed. The Manual of Patent Examining Procedure (MPEP) § 2106.06(b) states:

“As explained by the Federal Circuit, some improvements to technology or to computer functionality are not abstract when appropriately claimed, and thus claims to such improvements do not always need to undergo the full eligibility analysis.“

This means that if a claim clearly demonstrates an improvement to technology or computer functionality, it may be considered patent-eligible without going through the entire Alice/Mayo test.