What is the “improvements consideration” in patent eligibility analysis?

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 “improvements consideration” is a key factor in determining patent eligibility under Step 2A Prong Two of the Alice/Mayo test. According to MPEP 2106.04(d)(1), it involves evaluating whether “the claimed invention improves the functioning of a computer or improves another technology or technical field.” If such an improvement is demonstrated, the claim may be eligible as it integrates the judicial exception into a practical application.

The MPEP states:

“The application or use of the judicial exception in this manner meaningfully limits the claim by going beyond generally linking the use of the judicial exception to a particular technological environment, and thus transforms a claim into patent-eligible subject matter.”

It’s important to note that this consideration is specific to improvements in technology, not just any type of improvement.