Legal Definitions - algorithm exception

The algorithm exception is a principle in patent law that addresses when a mathematical algorithm can be part of a patentable invention. Generally, an abstract mathematical formula or algorithm, by itself, cannot be patented. This is because algorithms are considered fundamental scientific principles or laws of nature, rather than inventions that create something new and concrete.

However, the algorithm exception allows for patent protection when an algorithm is applied in a practical way to produce a "useful, concrete, and tangible result." This means that while the mathematical idea or calculation itself is not patentable, a specific invention that *uses* that algorithm to achieve a practical, real-world outcome can be.

• Example 1: Medical Diagnostic Device

  Imagine a new medical device designed to detect early signs of a specific disease. This device uses a complex algorithm to analyze various biological markers from a patient's blood sample. The algorithm processes the raw data and outputs a specific risk score or a diagnostic indication for the disease.

  How it illustrates the term: The underlying mathematical algorithm that processes the biological data is an abstract concept. However, when this algorithm is integrated into a physical medical device that takes a blood sample, performs calculations, and then provides a concrete, useful diagnostic result (a risk score or diagnosis) to a doctor, it moves beyond the abstract. The practical application of the algorithm within the device to produce a tangible health outcome makes it potentially eligible for patent protection under the algorithm exception.

• Example 2: Optimized Manufacturing Process

  Consider a manufacturing company that develops an innovative system for 3D printing complex parts. This system incorporates a sophisticated algorithm that optimizes the printer's nozzle movements and material deposition patterns to minimize waste and improve the structural integrity of the printed object.

  How it illustrates the term: The mathematical algorithm itself, which calculates the most efficient printing path and material usage, is an abstract set of instructions. However, when this algorithm is embedded within the control software of a 3D printer, directly guiding its physical operations to produce a tangible, improved physical product (a stronger, less wasteful 3D-printed part), it represents a practical application. This practical application, yielding a concrete and useful manufacturing result, could qualify for patent protection under the algorithm exception.