What is the ‘particular treatment or prophylaxis’ consideration in Step 2A Prong Two?
The particular treatment or prophylaxis consideration is part of Step 2A Prong Two analysis. It evaluates whether the claim applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition.
As stated in MPEP 2106.04(d)(2): “To qualify as a ‘treatment’ or ‘prophylaxis’ limitation for purposes of this consideration, the claim limitation in question must affirmatively recite an action that effects a particular treatment or prophylaxis for a disease or medical condition.”
Examples of particular treatments include administering specific medications, surgery, or radiation therapy. The treatment must be particular (not generalized) and must have more than a nominal relationship to the exception.
This consideration can demonstrate integration of an exception into a practical application, making the claim eligible at Step 2A.
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