The technological improvement test is used by the U.S. Patent and Trademark Office (USPTO) and the U.S. Court of Appeals for the Federal Circuit to determine the issue of subject matter eligibility. Of all the tests for a showing of something more or practical application – machine transformation, machine implementation, data transformation – technological improvement is probably the most popular and oft-used by applicants because it has the clearest standards. As you probably already know, the technological improvement test used by the USPTO looks for a technological problem for which there is a technological solution and the claims recite a technological improvement therefor.
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