When should a patent examiner use the full eligibility analysis instead of 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.

A patent examiner should use the full eligibility analysis (Alice/Mayo test) instead of the streamlined approach when there is doubt about whether the applicant is seeking coverage for a judicial exception. According to MPEP 2106.06:

“However, if there is doubt as to whether the applicant is effectively seeking coverage for a judicial exception itself, the full eligibility analysis (the Alice/Mayo test described in MPEP § 2106, subsection III) should be conducted to determine whether the claim integrates the judicial exception into a practical application or recites significantly more than the judicial exception.”

This ensures a thorough examination of claims that may not have self-evident eligibility and helps prevent incorrect determinations of patent eligibility.