''Ex parte Gutta'' (BPAI 2009) is a precedential decision from the

Board of Patent Appeals and Interferences The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability. Under the America Invents Act, the BPAI was replaced with the Pat ...

(BPAI) of the

United States Patent and Trademark Office The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexa ...

(USPTO) concerning the patentability of mathematical formulae and/or algorithms. The BPAI rejected ''Gutta'' as failing a two-prong test to determine if a machine or "manufacture" involving a mathematical algorithm complies with 35 U.S.C. § 101. The patentability of processes was previously addressed in a closely related case, ''

In re Bilski ''In re Bilski'', 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), was an ''en banc'' decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods. The Federal C ...

''.

The ''Gutta'' Test

For a claimed machine (or article of manufacture) involving a mathematical algorithm # Is the claim limited to a tangible practical application, in which the mathematical algorithm is applied, that results in a real-world use (e.g. "not a mere field-of-use label having no significance")? # Is the claim limited so as to not substantially encompass substantially all practical applications of the mathematical algorithm either "in all fields" of use of the algorithm or even in "only one field?" If the machine (or article of manufacture) fails either prong of the two-part inquiry, then the claim is not directed to patent eligible subject matter.

The ''Gutta'' Test

See also