How can an applicant argue for integration into a practical application or significantly more?
Applicants can argue for patent eligibility by demonstrating that their claim integrates a judicial exception into a practical application or amounts to significantly more. The MPEP 2106.07(b) provides guidance: “Applicant may argue that a claim is eligible because the claim as a whole integrates the judicial exception into a practical application or amounts to significantly…
Read MoreHow should examiners analyze claims for ‘significantly more’ in Step 2B?
When analyzing claims for ‘significantly more’ in Step 2B, examiners should: Identify the additional elements beyond the judicial exception Explain why the additional elements, individually and in combination, do not amount to significantly more Consider whether the additional elements provide an inventive concept Provide evidence if asserting that elements are well-understood, routine, conventional activities MPEP…
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