What is “mere instructions to apply an exception” in patent claims?
“Mere instructions to apply an exception” is a concept in patent eligibility analysis that can render a claim ineligible. As explained in MPEP 2106.05(f): “Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B…
Read MoreHow does the Intellectual Ventures I v. Capital One Bank case relate to mere instructions to apply an exception?
The Intellectual Ventures I v. Capital One Bank case provides an important example of how courts evaluate claims that may amount to mere instructions to apply an exception. According to MPEP 2106.05(f): “In Intellectual Ventures I v. Capital One Bank, the claims recited a system for providing web pages tailored to an individual user, comprising…
Read More