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 more than the judicial exception when the additional elements are considered both individually and in combination.“
Key points for applicants to consider:
- Argue how additional elements meaningfully limit the judicial exception
- Demonstrate improvements to technology or technical fields
- Show how the invention improves computer functionality
- Explain how the combination of elements performs non-generic functions
Even if individual elements appear generic, their combination may still integrate the exception or amount to significantly more.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.07(B) - Evaluating Applicant'S Response,
Patent Law,
Patent Procedure