What is the “field of use and technological environment” consideration in patent eligibility?
The “field of use and technological environment” consideration is part of the patent eligibility analysis under 35 U.S.C. § 101. It examines whether the additional elements in a claim amount to more than generally linking the use of a judicial exception (such as an abstract idea) to a particular technological environment or field of use.
According to MPEP 2106.05(h), “limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application.”
The Supreme Court has established that simply limiting a judicial exception to a particular field or technological environment is not enough to make it patent-eligible. As stated in the MPEP, “a claim directed to a judicial exception cannot be made eligible ‘simply by having the applicant acquiesce to limiting the reach of the patent for the formula to a particular technological use.'” (Diamond v. Diehr, 450 U.S. 175, 192 n.14, 209 USPQ 1, 10 n. 14 (1981))
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