How does “transformation” relate to particular treatment in patent claims?
The concept of “transformation” is closely related to particular treatment in patent claims, as discussed in MPEP 2106.04(d)(2). The MPEP states:
“[A] treatment or prophylaxis limitation encompasses more than just the step of ‘administering’ a medication or therapy. For example, ‘administering a medication’ to a patient may also include the steps of determining the appropriate dosage and schedule for the medication, and then transforming the medication into a form that is administrable to the patient (e.g., by dissolving a solid form of the medication in a liquid, or by encapsulating a liquid form of the medication into a pill).”
This explanation highlights that transformation can be an integral part of a particular treatment. Transforming a medication into an administrable form or adjusting its dosage based on patient-specific factors can contribute to the “particularity” of the treatment, potentially helping to integrate a judicial exception into a practical application.
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