What is the significance of a machine’s integral use in a method claim?
The integral use of a machine in a method claim can be crucial for patent eligibility. According to MPEP 2106.05(b):
“Integral use of a machine to achieve performance of a method may integrate the recited judicial exception into a practical application or provide significantly more, in contrast to where the machine is merely an object on which the method operates.”
Key points to consider:
- The machine should play a significant role in permitting the claimed method to be performed
- It should not function solely as an obvious mechanism for achieving a solution more quickly
- The machine’s involvement should go beyond mere data gathering or field-of-use limitations
For example, in CyberSource v. Retail Decisions, the court found that the Internet’s involvement was not integral to the claimed fraud detection method. Conversely, a machine that is essential to the execution of the method steps and contributes meaningfully to the claim’s inventive concept is more likely to support patent eligibility.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.05(B) - Particular Machine,
Patent Law,
Patent Procedure