When should a full eligibility analysis be performed instead of using the streamlined approach?

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.

According to MPEP § 2106.06(b), a full eligibility analysis should be performed when the claims present a “close call” regarding improvement to technology or computer functionality. The MPEP states:

“If the claims are a “close call” such that it is unclear whether the claims improve technology or computer functionality, a full eligibility analysis should be performed to determine eligibility.“

For example, in the BASCOM case, the claims described filtering content, which is a method of organizing human behavior previously found to be abstract. The Federal Circuit considered this a “close call” and proceeded with a full eligibility analysis. Only when the claims clearly improve technology or computer functionality, or have self-evident eligibility, should the streamlined analysis be used.