What is the “particular treatment or prophylaxis” consideration in Step 2A Prong Two?

The “particular treatment or prophylaxis” consideration is a way to demonstrate that a claim integrates a judicial exception into a practical application. According to MPEP 2106.04(d)(2), “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.”

This consideration is based on the Supreme Court’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd., which held that claims reciting a specific method of treatment were patent-eligible.

To learn more:

• Patent Eligibility
• Judicial Exception
• Practical Application
• Treatment
• Prophylaxis