How does the USPTO evaluate integration of a judicial exception into a 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.

The USPTO evaluates integration of a judicial exception into a practical application in Step 2A Prong Two by identifying whether there are any additional elements recited in the claim beyond the judicial exception and evaluating those elements to determine whether they integrate the exception into a practical application.

As stated in MPEP 2106.04(d): “A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.”

Some considerations that indicate integration include:

• An improvement in the functioning of a computer or other technology
• Applying the exception with a particular machine
• Effecting a transformation of a particular article to a different state
• Applying the judicial exception in some other meaningful way

The analysis considers the claim as a whole and how the additional elements interact with and impact the judicial exception.