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

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 “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.