What is the “practical application” test in patent eligibility?

The “practical application” test is part of Step 2A Prong Two of the patent eligibility analysis. It determines whether a claim that recites a judicial exception (abstract idea, law of nature, or natural phenomenon) integrates that exception into a practical application. If the claim integrates the exception into a practical application, it is not directed to the judicial exception and is eligible subject matter.

As stated in the MPEP:

“A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.”

The MPEP provides several considerations for evaluating practical application, including improvements to technology, implementing with a particular machine, and effecting a transformation of an article.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2106.04(D) - Integration Of A Judicial Exception Into A Practical Application, Patent Law, Patent Procedure
Tags: Abstract Idea, Judicial Exception, Patent Eligibility, Practical Application, Step 2A