Section 101 Examples
Introduction to Examples 37-42

This document is the introduction to Examples 37-42 provided by the USPTO in January of 2017 to help understand the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). The original PDF version of examples 37-42 is found here.

Index to USPTO's Section 101 Examples.

Introduction to Examples 37-42

The following examples should be used in conjunction with the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). The examples below are hypothetical and only intended to be illustrative of the claim analysis under the 2019 PEG. These examples should be interpreted based on the fact patterns set forth below as other fact patterns may have different eligibility outcomes. That is, it is not necessary for a claim under examination to mirror an example claim to be subject matter eligible under the 2019 PEG. All of the claims are analyzed for eligibility in accordance with their broadest reasonable interpretation.

Note that the examples herein are numbered consecutively beginning with number 37, because 36 examples were previously issued.

The examples are illustrative only of the patent-eligibility analysis under the 2019 PEG. All claims must be ultimately analyzed for compliance with every requirement for patentability, including 35 U.S.C. 102, 103, 112, and 101 (utility, inventorship and double patenting) and non-statutory double patenting. The analyses provided below do not address considerations other than subject matter eligibility under Section 101.

  • Example 37: Relocation of Icons on a Graphical User Interface
  • Example 38: Simulating an Analog Audio Mixer
  • Example 39: Method for Training a Neural Network for Facial Detection
  • Example 40: Adaptive Monitoring of Network Traffic Data
  • Example 41: Cryptographic Communications
  • Example 42: Method for Transmission of Notifications When Medical Records Are Updated