How should examiners evaluate additional elements for meaningful limitations?
When evaluating additional elements for meaningful limitations, patent examiners should consider both individual elements and their combination. This approach is crucial for a comprehensive patent eligibility analysis.
MPEP 2106.05(e) provides guidance:
“When evaluating whether additional elements meaningfully limit the judicial exception, it is particularly critical that examiners consider the additional elements both individually and as a combination. When an additional element is considered individually by an examiner, the additional element may be enough to qualify as ‘significantly more’ if it meaningfully limits the judicial exception, and may also add a meaningful limitation by integrating the judicial exception into a practical application.”
The MPEP further notes that even if individual elements don’t add significantly more or integrate the exception, their combination might render the claim eligible. Examiners should explain on the record why the additional elements meaningfully limit the judicial exception when appropriate.
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