How do examiners evaluate whether additional elements amount to significantly more?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 2106.05, examiners should evaluate whether additional elements amount to significantly more by considering:

• Improvements to the functioning of a computer or to any other technology/technical field
• Applying the judicial exception with, or by use of, a particular machine
• Effecting a transformation or reduction of a particular article to a different state or thing
• Adding a specific limitation other than what is well-understood, routine, conventional activity in the field
• Other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment

The MPEP states: “Examiners should keep in mind that the enumerated considerations are not exclusive and do not constitute a definitive list of considerations for determining whether a claim recites significantly more.”