How does the USPTO handle claims with multiple judicial exceptions?

When a claim recites multiple judicial exceptions, the USPTO recommends the following approach:

• If possible, treat the claim as containing a single judicial exception for efficiency.
• If the exceptions are distinct, select one exception for the eligibility analysis.
• If the exceptions are interrelated, consider the limitations together as a single abstract idea.

As stated in MPEP 2106.04(II)(B): “During examination, examiners should apply the same eligibility analysis to all claims regardless of the number of exceptions recited therein. Where a claim recites multiple exceptions, examiners should consider the limitations together to be an abstract idea for Step 2A Prong Two and Step 2B (if necessary) rather than a plurality of separate abstract ideas to be analyzed individually.”

The key is to ensure a thorough and efficient analysis that considers how the exceptions interact within the claim as a whole.

To learn more:

• multiple judicial exceptions
• patent eligibility
• Step 2A
• abstract idea