What is the “practical application” test in Step 2A Prong Two of the subject matter eligibility analysis?
The “practical application” test is part of Step 2A Prong Two in the subject matter eligibility analysis, as described in MPEP 2106.04(d). This test evaluates whether the claim as a whole integrates the judicial exception into a practical application of that exception. The MPEP states:
“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.“
To determine if a claim integrates a judicial exception into a practical application, examiners should consider whether:
- The additional elements apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment
- The claim reflects an improvement in the functioning of a computer or an improvement to another technology or technical field
- The claim effects a particular treatment or prophylaxis for a disease or medical condition
- The claim implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim
- The claim effects a transformation or reduction of a particular article to a different state or thing
If the claim integrates the judicial exception into a practical application, it is eligible under Step 2A Prong Two. If not, the analysis proceeds to Step 2B.
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