What is the “mere drafting effort” exception in Step 2B of the patent eligibility analysis?

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 “mere drafting effort” exception in Step 2B of the patent eligibility analysis refers to cases where the additional elements in a claim are simply an attempt to limit the use of an abstract idea to a particular technological environment or field of use. This exception is explained in MPEP 2106.05(h):

“[S]imply limiting the use of an abstract idea to a particular technological environment” is not considered “significantly more” under Step 2B.

This means that merely stating that an abstract idea is to be implemented in a specific context, without providing meaningful limitations that integrate the idea into a practical application, is not enough to make the claim patent-eligible.