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