What qualifies as a “transformation” under MPEP 2106.05(c)?

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.

According to MPEP 2106.05(c), a transformation under the particular transformation consideration involves changing an “article” to a different state or thing. The MPEP provides the following guidance:

• Article: “An ‘article’ includes a physical object or substance.”
• Particularity: “The physical object or substance must be particular, meaning it can be specifically identified.”
• Change: “‘Transformation’ of an article means that the ‘article’ has changed to a different state or thing. Changing to a different state or thing usually means more than simply using an article or changing the location of an article.”

The MPEP also notes: A new or different function or use can be evidence that an article has been transformed.

It’s important to note that purely mental processes or data manipulation are generally not considered eligible transformations: Purely mental processes in which thoughts or human based actions are “changed” are not considered an eligible transformation. For data, mere “manipulation of basic mathematical constructs [i.e.,] the paradigmatic ‘abstract idea,’” has not been deemed a transformation.