Machine-or-transformation test

A claimed process is surely patent-eligible under § 101 if: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.1)

Transformation and reduction of an article 'to a different state or thing' is the clue to the patentability of a process claim that does not include particular machines.2)

A claimed process involving a fundamental principle that uses a particular machine or apparatus would not pre-empt uses of the principle that do not also use the specified machine or apparatus in the manner claimed. And a claimed process that transforms a particular article to a specified different state or thing by applying a fundamental principle would not pre-empt the use of the principle to transform any other article, to transform the same article but in a manner not covered by the claim, or to do anything other than transform the specified article.3)

There are two corollaries to the machine-or-transformation test. First, a mere field-of-use limitation is generally insufficient to render an otherwise ineligible method claim patent- eligible. This means the machine or transformation must impose meaningful limits on the method claim's scope to pass the test. Second, insignificant extra-solution activity will not transform an unpatentable principle into a patentable process. This means reciting a specific machine or a particular transformation of a specific article in an insignificant step, such a data gathering or outputting, is not sufficient to pass the test.4)

see also

1) , 2) , 3)
United States Court of Appeals for the Federal Circuit, 2007-1130; with further references
4)
USPTP, Memorandum dated January 7,2009 to Technology Center Directors Patent Examining Corps - Guidance for Examining Process Claims in view of In re Bilski