What is the relationship between the streamlined analysis and the full Alice/Mayo test?
The streamlined analysis and the full Alice/Mayo test are closely related, with the streamlined analysis serving as an efficient shortcut in clear cases. As stated in MPEP 2106.06:
“The results of the streamlined analysis will always be the same as the full analysis, thus the streamlined analysis is not a means of avoiding a finding of ineligibility that would occur if a claim were to undergo the full eligibility analysis.”
This means that:
- A claim found eligible through streamlined analysis would also be eligible under the full test.
- The streamlined analysis cannot be used to bypass ineligibility findings that would result from the full test.
- Examiners may use the streamlined analysis for efficiency, but the underlying eligibility principles remain the same.
The MPEP further clarifies that the use of streamlined analysis may not always be apparent in the record, as it often results in a conclusion of eligibility without explicit rejection or with brief clarifying remarks.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.06 - Streamlined Analysis,
Patent Law,
Patent Procedure