How does MPEP 2106.05(e) distinguish between meaningful and insignificant limitations?
MPEP 2106.05(e) provides guidance on distinguishing between meaningful and insignificant limitations in patent claims. The key factors are:
- Integration into a practical application: Meaningful limitations integrate the judicial exception into a practical application.
- Beyond general linking: The limitation should go beyond merely linking the use of the judicial exception to a particular technological environment.
- Transformation of the judicial exception: The limitation should transform the judicial exception into patent-eligible subject matter.
The MPEP states: “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.“
Insignificant limitations, on the other hand, do not provide meaningful limits on the claim and are typically considered extra-solution activity or mere instructions to apply the exception using generic computer components.
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Topics:
MPEP 2100 - Patentability,
MPEP 2106.05(E) - Other Meaningful Limitations,
Patent Law,
Patent Procedure