How does the USPTO handle claims with multiple judicial exceptions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. When a claim recites multiple judicial exceptions, the USPTO recommends the following approach: If possible, treat the claim as containing a single judicial exception for efficiency. If the exceptions are distinct, select one exception for the eligibility analysis. If the exceptions are interrelated, consider the limitations together as a single abstract idea. As stated in MPEP 2106.04(II)(B): “During examination, examiners should apply the same eligibility analysis to all claims regardless of the number of exceptions recited therein. Where a claim recites multiple exceptions, examiners should consider the limitations together to be an abstract idea for Step 2A Prong Two and Step 2B (if necessary) rather than a plurality of separate abstract ideas to be analyzed individually.” The key is to ensure a thorough and efficient analysis that considers how the exceptions interact within the claim as a whole. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Eligibility Analysis for All Claims Regardless of Exceptions MPEP 2106.04 Recommended Claim as Whole Is Directed to Judicial Exception Requires Step 2B Analysis MPEP 2106.04 Examiner Must Select One Exception for Eligibility Analysis MPEP 2106.04 Recommended Step 2A Determines If Claim Is Directed to a Judicial Exception MPEP 2106.04 Claim Must Be Directed to a Judicial Exception MPEP 2106.04 Claim Is Directed to Judicial Exception Requires Further Analysis MPEP 2106.04 Claim Recites But Is Not Directed To Judicial Exception MPEP 2106.04 Examiner Chooses One Exception for Eligibility Analysis MPEP 2106.04 Distinguishing Claims Directed to Judicial Exceptions MPEP 2106.04 Claim Not Directed to Judicial Exception I...