What are judicial exceptions in patent law?

Judicial exceptions in patent law are categories of subject matter that the courts have found to be outside the four statutory categories of invention. The MPEP defines judicial exceptions as:

“abstract ideas, laws of nature and natural phenomena (including products of nature).”

These exceptions are not patentable on their own because they are considered the “basic tools of scientific and technological work.” However, applications of these exceptions may be eligible for patent protection if they meet certain criteria, such as integrating the exception into a practical application or including additional elements that amount to significantly more than the exception itself.

To learn more:

• judicial exceptions
• abstract ideas
• laws of nature
• natural phenomena
• products of nature
• patent eligibility