What is the ‘particular treatment or prophylaxis’ consideration in Step 2A Prong Two?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 Step 2A Prong Two analysis. It evaluates whether the claim applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition. As stated in MPEP 2106.04(d)(2): “To qualify as a ‘treatment’ or ‘prophylaxis’ limitation for purposes of this consideration, the claim limitation in question must affirmatively recite an action that effects a particular treatment or prophylaxis for a disease or medical condition.” Examples of particular treatments include administering specific medications, surgery, or radiation therapy. The treatment must be particular (not generalized) and must have more than a nominal relationship to the exception. This consideration can demonstrate integration of an exception into a practical application, making the claim eligible at Step 2A. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim as Whole Is Directed to Judicial Exception Requires Step 2B Analysis MPEP 2106.04 Step 2A Determines If Claim Is Directed to a Judicial Exception MPEP 2106.04 Claim Is Directed to Judicial Exception Requires Further Analysis MPEP 2106.04 Claim as a Whole Integrates Judicial Exception into Practical Application MPEP 2106.04(d) Permitted Requirement for Practical Application Integration of Judicial Exception MPEP 2106.04 Claim Must Integrate Judicial Exception into Practical Application MPEP 2106.04 Claim Must Be Directed to a Judicial Exception MPEP 2106.04 Claim Integrates Judicial Exception into Practical Application MPEP 2106.04 Claim Not Directed to Judicial Exception If Integrates Exception into Practical Application MPEP 2106.04 Claim In...