What is meant by “meaningful limit” on the judicial exception in practical application analysis?

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.

What is meant by “meaningful limit” on the judicial exception in practical application analysis?

A “meaningful limit” on the judicial exception is a crucial concept in determining whether a claim integrates the exception into a practical application. The MPEP 2106.04(d) explains:

“A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.”

Key aspects of a “meaningful limit” include:

• The claim must do more than merely recite the exception with “apply it” instructions.
• The additional elements should integrate the exception into a practical application.
• The claim should not attempt to monopolize the judicial exception.
• The limit should be more than insignificant extra-solution activity.

For example, a claim that applies a mathematical formula in a specific way to control a particular machine would likely impose a meaningful limit. In contrast, a claim that merely recites a mathematical formula and states “apply it” would not.