What role do “well-understood, routine, conventional activities” play in Step 2B analysis?

“Well-understood, routine, conventional activities” play a crucial role in Step 2B analysis of patent eligibility. According to MPEP 2106.05(d):

“Another consideration when determining whether a claim recites significantly more than a judicial exception is whether the additional element(s) are well-understood, routine, conventional activities previously known to the industry.”

Key points about well-understood, routine, conventional activities in Step 2B:

• They do not contribute to making a claim amount to significantly more than the judicial exception
• Examiners must provide evidence to support a conclusion that an additional element is well-understood, routine, and conventional
• This evidence can include court decisions, publications, or official notice based on personal knowledge
• Applicants can challenge this determination by providing their own evidence

If all additional elements in a claim are well-understood, routine, and conventional, the claim is likely to be found ineligible under Step 2B unless it also recites an inventive concept.

To learn more:

• Step 2B
• well-understood routine conventional
• significantly more
• judicial exception
• patent eligibility