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Evaluating subject matter eligibility under 35 USC 101

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Evaluating subject matter eligibility under 35 U.S.C. 101

Is the claim directed to one of the four patent-eligible subject matter categories?

–Process, Machine, Manufacture, Composition of Matter

•If not in one of the four categories, the claim is not eligible.

–Examples of claims that are not eligible:

•Transitory signals per se, humans per se, a company per se, or a set of instructions per se (such as a game or software per se)

•A claim satisfying Step 1 is subject-matter eligible under 101 unless it wholly embraces a judicially recognized exception.

•Does the claim wholly embrace a judicially recognized exception?

–Abstract Idea

–Law of Nature

–Natural Phenomena

–The exceptions also include, for example:

•Mental Processes

•Mathematical Algorithms

•Scientific Principles

If the claim is directed to a judicial exception itself, it is not eligible.

A particular practical application of a judicial exception is eligible.

Begin with the broadest reasonable interpretation (BRI) of the claim in view of the specification consistent with the interpretation those skilled in the art would reach. MPEP 2111