What is “mere instructions to apply an exception” in patent claims?

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.

“Mere instructions to apply an exception” is a concept in patent eligibility analysis that can render a claim ineligible. As explained in MPEP 2106.05(f):

“Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words ‘apply it’ (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer.”

The MPEP provides several considerations for determining if a claim is merely instructions to apply an exception:

• Whether the claim recites only the idea of a solution or outcome without reciting details of how it is accomplished
• Whether the claim invokes computers or other machinery merely as a tool to perform an existing process
• The particularity or generality of the application of the judicial exception

For example, a claim that simply states an abstract idea and adds the words “apply it on a computer” would likely be considered mere instructions to apply an exception.