What types of transformations are generally not considered patent-eligible under MPEP 2106.05(c)?
MPEP 2106.05(c) provides guidance on transformations that are generally not considered patent-eligible:
- Mental Processes:
Purely mental processes in which thoughts or human based actions are “changed” are not considered an eligible transformation.
- Data Manipulation:
For data, mere “manipulation of basic mathematical constructs [i.e.,] the paradigmatic ‘abstract idea,'” has not been deemed a transformation.
- Insignificant Transformations: Transformations that contribute only nominally or insignificantly to the execution of the claimed method are not likely to provide significantly more or integrate a judicial exception into a practical application.
- Mere Location Changes: The MPEP notes that “Changing to a different state or thing usually means more than simply using an article or changing the location of an article.”
Additionally, transformations that are merely extra-solution activity or field-of-use limitations are less likely to be considered patent-eligible. The MPEP cites an example from the Mayo case: The Supreme Court disagreed, finding that this step was only a field-of-use limitation and did not provide significantly more than the judicial exception.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.05(C) - Particular Transformation,
Patent Law,
Patent Procedure