Frequently Asked Questions

What changes were made to the criteria for granting patents in 2010 by the U.S. Court of Appeals' Federal Circuit?

In 2010, the U.S. Court of Appeals' Federal Circuit made significant changes to the criteria for granting patents, particularly in relation to business method patents. Prior to this, the United States Patent and Trademark Office (USPTO) had been using the "machine versus transformation" test as the primary criteria for determining patentability. This test required that patents for business processes either modify actual physical objects or be inherently connected to a specific machine. However, the Federal Circuit determined that this test could not be the sole criteria for granting patents. Instead, it was deemed to be an important factor, but not the only binary test. This decision led to the introduction of additional criteria for business processes related to computer mechanisms, such as hardware or software. Under the new criteria, the process must clearly demonstrate a real economic and business benefit. It must also actually perform the useful business process it claims to. Furthermore, the mechanism used to create the process, such as software, must be properly described. Finally, the actual results of the business process that are manifested in the computer must be clearly demonstrated.