How can an applicant argue for integration into a practical application or significantly more?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.