How can an applicant argue for integration into a practical application or significantly more?

Applicants can argue for patent eligibility by demonstrating that their claim integrates a judicial exception into a practical application or amounts to significantly more. The MPEP 2106.07(b) provides guidance:

Applicant may argue that a claim is eligible because the claim as a whole integrates the judicial exception into a practical application or amounts to significantly more than the judicial exception when the additional elements are considered both individually and in combination.

Key points for applicants to consider:

  • Argue how additional elements meaningfully limit the judicial exception
  • Demonstrate improvements to technology or technical fields
  • Show how the invention improves computer functionality
  • Explain how the combination of elements performs non-generic functions

Even if individual elements appear generic, their combination may still integrate the exception or amount to significantly more.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2106.07(B) - Evaluating Applicant'S Response, Patent Law, Patent Procedure
Tags: Judicial Exception, Patent Eligibility, Practical Application, Significantly More