What must be established for a "method of doing business" to be patentable?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

For a "method of doing business" to be patentable, it must typically involve a novel and non-obvious idea that contributes to the technological arts. This means that the method must not be purely abstract or just a business practice; it should have a technological aspect that demonstrates how the method improves upon existing technology or introduces a new technological solution. The incorporation of a technological element is critical, as it helps to define the invention's utility and ensures it meets the requirements of patent eligibility under the guidelines set forth by the patent law.

The rationale behind this requirement is primarily to avoid granting patents on abstract ideas, which would hinder innovation and competition in the marketplace. Thus, having a connection to the technological arts is essential for distinguishing a patentable business method from non-patentable ideas.

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