Ex parte Gutta

Ex parte Gutta (BPAI 2009) is a precedential decision from the Board of Patent Appeals and Interferences (BPAI) of the United States Patent and Trademark Office (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".
The "Gutta" Test.
For a claimed machine (or article of manufacture) involving a mathematical algorithm
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.