How can a treatment or prophylaxis limitation qualify for consideration in Step 2A Prong Two?

For a treatment or prophylaxis limitation to qualify for consideration in Step 2A Prong Two, it must meet certain criteria. According to MPEP 2106.04(d)(2):

“Examiners should keep in mind that in order to qualify as a ‘treatment’ or ‘prophylaxis’ limitation for purposes of this consideration, the claim limitation in question must affirmatively recite an action that effects a particular treatment or prophylaxis for a disease or medical condition.”

Examples of qualifying limitations include:

• “Administering amazonic acid to a patient”
• “Administering a course of plasmapheresis to a patient”

Conversely, limitations that do not qualify include:

• Intended use statements (e.g., “for treating a patient”)
• Field of use limitations (e.g., “a pharmaceutical composition”)
• Non-specific actions (e.g., “prescribing a topical steroid to a patient with eczema”)

To learn more:

• Treatment Limitation
• Prophylaxis Limitation
• Patent Eligibility
• Step 2A Prong Two