How does the USPTO evaluate claims with multiple judicial exceptions?

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 USPTO evaluates claims with multiple judicial exceptions by examining each claim for eligibility separately, based on the particular elements recited therein. This approach ensures that claims are not automatically judged to stand or fall with similar claims in an application.

As stated in the MPEP:

“Examiners should examine each claim for eligibility separately, based on the particular elements recited therein. Claims should not be judged to automatically stand or fall with similar claims in an application.”

The MPEP provides an example:

“For instance, one claim may be ineligible because it is directed to a judicial exception without amounting to significantly more, but another claim dependent on the first may be eligible because it recites additional elements that do amount to significantly more, or that integrate the exception into a practical application.”

For more detailed information on evaluating claims reciting multiple judicial exceptions, examiners are directed to MPEP § 2106.04, subsection II.B.