Flowchart: Eligibility Test for Products and Processes
The following flowchart illustrates the subject matter eligibility analysis for products and processes to be used during examination for evaluating whether a claim is drawn to patent eligible subject matter.
- It is recognized that under the controlling legal precedent there may be variations in the precise contours of the analysis for subject matter eligibility that will still achieve the same end result.
2014 Interim Eligibility Guidance:
In accordance with the existing two-step analysis for patent subject matter eligibility under 35 U.S.C. 101 explained in MPEP 2106, the claimed invention (Step 1) ‘‘must be directed to one of the four statutory categories’’ and (Step 2) ‘‘must not be wholly directed to subject matter encompassing a judicially recognized exception.’’
Referring to the attached flowchart titled Subject Matter Eligibility Test for Products and Processes,
- Step 1 is represented in diamond (1), which is explained in MPEP 2106(I).
- Step 2 is represented in diamonds (2A) and (2B) and is the subject of this Interim Eligibility Guidance.
- Step 2 is the two-part analysis from Alice Corp.7 (also called the Mayo test) for claims directed to laws of nature, natural phenomena, and abstract ideas (the judicially recognized exceptions).
The attached flowchart can be found here on page 4 (this is also the same flowchart found in supplement 14):
| Official PDF » | 16 pgs; Includes a flow chart and details. |
