How does MPEP distinguish between “particular” and “general” treatments?

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.

The MPEP 2106.04(d)(2) provides guidance on distinguishing between “particular” and “general” treatments:

“[T]reatments that are ‘particular,’ i.e., specifically identified so that they do not encompass all applications of the judicial exception, are considered to integrate a judicial exception into a practical application.”

In contrast, general treatments are those that are not specific or targeted. The MPEP states:

“For example, consider a claim that recites mentally analyzing information to identify if a patient has a genotype associated with poor metabolism of beta blocker medications. This mental process step does not integrate the judicial exception into a practical application because it is a generic instruction to ‘apply’ the exception in a generic way (‘prescribe a lower than normal dosage of beta blocker medication to a patient identified as having the poor metabolizer genotype’).”

The key distinction is the level of specificity and targeting in the treatment described in the claim.