What is the “inventive concept” in the Alice/Mayo test?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 “inventive concept” refers to the second part of the Alice/Mayo test for patent eligibility. As explained in MPEP 2106.05 : “An inventive concept ‘cannot be furnished by the unpatentable law of nature (or natural phenomenon or abstract idea) itself.’ Instead, an ‘inventive concept’ is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself.” The inventive concept analysis looks at whether the additional elements in a claim, beyond the judicial exception itself, add significantly more or transform the abstract idea into a patent-eligible application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventive Concept Cannot Be Furnished by Abstract Idea Alone MPEP 2106.05 Prohibited Claim as a Whole Amounts to Inventive Concept MPEP 2106.05 Inventive Concept Requirement for Judicial Exception MPEP 2106.05 Claim Must Recite Significantly More Than Exception for Eligibility MPEP 2106.05 Recommended Claim Must Include Significantly More Than Abstract Idea MPEP 2106 Prohibited Alice/Mayo Two-Part Test for Patent Eligibility MPEP 2106 Recommended Requirement for Significantly More Than Abstract Idea MPEP 2106.05 Claim Must Amount to Significantly More Than Abstract Idea MPEP 2106.05 Abstract Idea, Law of Nature, Natural Phenomenon into Practical Application Is Required MPEP 2106 Permitted Utility Not a Test for Patent Eligibility MPEP 2106 Recommended Other Related FAQs 5 FAQs Collapse How does the USPTO evaluate &#8220;improvements to the functioning of a computer&#8221; in Ste...