What is meant by “meaningful limit” on the judicial exception in practical application analysis?

What is meant by “meaningful limit” on the judicial exception in practical application analysis?

A “meaningful limit” on the judicial exception is a crucial concept in determining whether a claim integrates the exception into a practical application. The MPEP 2106.04(d) explains:

“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.”

Key aspects of a “meaningful limit” include:

  • The claim must do more than merely recite the exception with “apply it” instructions.
  • The additional elements should integrate the exception into a practical application.
  • The claim should not attempt to monopolize the judicial exception.
  • The limit should be more than insignificant extra-solution activity.

For example, a claim that applies a mathematical formula in a specific way to control a particular machine would likely impose a meaningful limit. In contrast, a claim that merely recites a mathematical formula and states “apply it” would not.

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Topics: MPEP 2100 - Patentability, MPEP 2106.04(D) - Integration Of A Judicial Exception Into A Practical Application, Patent Law, Patent Procedure
Tags: Judicial Exception, Meaningful Limit, Patent Eligibility, Practical Application