MPEP 2106.04(a)(2): Abstract Idea Groupings

Answer in brief

MPEP 2106.04(a)(2) sorts abstract ideas into three groupings: mathematical concepts, certain methods of organizing human activity, and mental processes. Under Step 2A Prong One, a claim recites an abstract idea only if it recites subject matter in one of these groupings, or the examiner gets Technology Center Director approval for a tentative abstract idea under 2106.04(a)(3).

What MPEP 2106.04(a)(2) covers

The groupings are drawn from the court decisions that found claims abstract.

Mathematical concepts: mathematical relationships, formulas or equations, and calculations.
Certain methods of organizing human activity: fundamental economic practices, commercial or legal interactions, and managing personal behavior or relationships.
Mental processes: concepts performed in the human mind, such as observation, evaluation, judgment and opinion.

How examiners use it

The examiner must say which grouping the claim falls into and point to the limitations that recite it. A claim that only involves math or a mental step, without reciting it, does not recite an abstract idea.

On the patent bar

Classic question: identify which grouping a claim limitation falls into, or recognize that a claim does not recite an abstract idea at all.

Read the full text

Official title: Abstract Idea Groupings [R-07.2022].

Read MPEP 2106 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2106.

Questions & answers

What are the three abstract idea groupings?

Mathematical concepts, certain methods of organizing human activity, and mental processes.

Sources for this entry

USPTO — MPEP § 2106 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2106: Patent Subject Matter Eligibility MPEP 2106.04(d): Integration Into a Practical Application

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Cite or share this entry

MPEP.net. “MPEP 2106.04(a)(2): Abstract Idea Groupings.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2106-04-a-2/