When is a claim’s eligibility considered self-evident?
A claim’s eligibility is considered self-evident when it clearly does not attempt to monopolize a judicial exception. The MPEP 2106.06(a) states:
“Such claims do not need to proceed through the full analysis herein as their eligibility will be self-evident.”
Examples of self-evident eligibility include:
- Complex manufactured industrial products or processes with meaningful limitations
- Claims that clearly do not attempt to tie up nature-based products
- Claims with ancillary nature-based components that don’t attempt to improperly tie up the nature-based product
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.06(A) - Eligibility Is Self Evident,
Patent Law,
Patent Procedure