If you’re claiming a patent for a process that someone can perform in his/her head – you may want to have a rethink. In post on Foley’s Personalized Medicine Bulletin, Antoinette Konski explains the Federal Circuit ruled that a computer used to implement a routine medical comparison couldn’t be patented because “the claims are directed to an abstract idea” and the “patent claims no more than the conscious process that doctors can and do perform in their heads.”
In the decision, SmartGene, Inc. v. Advanced Biological Labs, S.A., Konski explains the court emphasized prior decisions, which held that mental processes are not patent-eligible subject matter. The same goes for processes that use a computer to mimic the mental processes without a new component or “specifying processes defined other than by the mentally performable steps.”
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