What role does “prophylaxis” play in Step 2A Prong Two analysis?

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.

Prophylaxis, or preventive treatment, plays a significant role in the Step 2A Prong Two analysis as outlined in MPEP 2106.04(d)(2). The MPEP states:

“[A] claim directed to a prophylaxis or treatment can integrate the recited judicial exception into a practical application by applying or using the judicial exception to effect a particular prophylaxis or treatment for a disease or medical condition.”

This means that claims involving prophylactic measures can potentially integrate abstract ideas or natural phenomena into practical applications, thus satisfying Step 2A Prong Two. However, the prophylaxis must be “particular,” meaning it should be specifically identified and not encompass all applications of the judicial exception.

For example, a claim describing a specific method of vaccinating against a particular virus to prevent infection would likely be considered a particular prophylaxis.