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 “particular treatment or prophylaxis” consideration is part of the Step 2A Prong Two analysis in patent eligibility. It evaluates whether a claim applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition.
According to the MPEP:
“One way to demonstrate such integration is when the additional elements apply or use the recited judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition.”
Key factors in this consideration include:
- The particularity or generality of the treatment or prophylaxis
- Whether the limitation(s) have more than a nominal or insignificant relationship to the exception(s)
- Whether the limitation(s) are merely extra-solution activity or a field of use
Examples of treatments include administration of medication, surgery, and radiation therapy. To qualify, the claim must affirmatively recite an action that effects a particular treatment or prophylaxis.