A memorandum from the Deputy Commissioner of Patents outlines the evaluation process for claims in software-implemented inventions regarding subject matter eligibility under Section 101. It highlights the distinction between claims that involve a judicial exception and those that merely recite one. Specifically, for AI-related innovations, it clarifies that claim limitations not performable in the human mind do not fit the mental process grouping. Additionally, it emphasizes the importance of identifying technical improvements in claims while cautioning against equating them with the basic application of an abstract idea, which does not suffice for patent eligibility.
The Deputy Commissioner of Patents issued a memorandum focusing on evaluating claims in software-implemented inventions for subject matter eligibility under Section 101, offering guidance on the Alice/Mayo test.
The memorandum distinguishes between claims that are merely judicial exceptions and those requiring further analysis for subject matter eligibility, particularly emphasizing the mental process grouping.
For AI-related innovations, claim limitations that cannot be practically performed in the human mind are excluded from the mental process grouping, impacting patent eligibility assessments.
The memorandum reiterates the significance of technical improvements in evaluating claims, warning against conflating technical improvements with mere application of an abstract idea, which does not guarantee patent eligibility.
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