When is a claim’s eligibility considered self-evident?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
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
Topics:
MPEP 2100 - Patentability
MPEP 2106.06(A) - Eligibility Is Self Evident
Patent Law
Patent Procedure