What is considered a “particular machine” in patent eligibility analysis?
The concept of a “particular machine” is important in patent eligibility analysis. According to MPEP 2106.05(b):
“The particularity or generality of the elements of the machine or apparatus, i.e., the degree to which the machine in the claim can be specifically identified (not any and all machines)” is relevant to the analysis.
A particular machine is more than just a generic computer. For example, the MPEP cites Mackay Radio & Tel. Co. v. Radio Corp. of America, where a mathematical formula was employed to use standing wave phenomena in an antenna system. The claim recited the particular type of antenna and included details as to the shape of the antenna and the conductors.
However, 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.”
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