How does the “particular machine” consideration apply in evaluating practical application?

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.

How does the “particular machine” consideration apply in evaluating practical application?

The “particular machine” consideration is an important factor in evaluating whether a claim integrates a judicial exception into a practical application. According to MPEP 2106.04(d):

“Implementing a judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b).”

Key points to consider:

• The machine must be particular, not a general-purpose computer.
• The machine should be integral to the claim, not merely an object on which the method operates.
• The use of the machine must impose meaningful limits on the claim’s scope.
• The machine should not be extra-solution activity or a field-of-use limitation.

For example, a claim that uses a specialized manufacturing robot to perform specific operations might be considered as using a particular machine, whereas a claim that merely uses a generic computer to perform calculations would not.