When can a patent examiner use the streamlined eligibility analysis?
When can a patent examiner use the streamlined eligibility analysis?
A patent examiner can use the streamlined eligibility analysis when a claim, viewed as a whole, clearly does not attempt to tie up a judicial exception. The MPEP 2106.06 states: “This analysis can be used for claims that may or may not recite a judicial exception.” However, it’s important to note that “If there is doubt as to whether the applicant is effectively seeking coverage for a judicial exception itself, the full eligibility analysis should be conducted to determine whether the claim integrates the judicial exception into a practical application or recites significantly more than the judicial exception.” Examiners should use this approach judiciously, ensuring that only claims that are clearly eligible benefit from this expedited process.
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