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Subject Matter Eligibility Quick Reference Guide (QRG) — Step 2

Supporting material2026-09-29source PDF ↗
USPTO
Examiner-facing one-sheet summary of Step 2A Prong One groupings (MPEP 2106.04(a)(2), 2106.04(b)-(c)) and the Prong Two / Step 2B considerations (MPEP 2106.04(d), 2106.05(a)-(h), 2106.07(a)). Announced in memo-smed-practitioners-2026-09-29; to be read with MPEP 2106 and the guidance memoranda, not instead of them.
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Subject Matter Eligibility Quick Reference Guide – Step 2 Does the claim recite (set forth or describe) a judicial exception? – Step 2A Prong One

Judicial Exception May Be Ineligible
(Requires Further Analysis)		 Examples What is Eligible
Mathematical concepts
(MPEP 2106.04(a)(2), subsection I)		 Mathematical relationships
a relationship between variables or numbers
  • pressure described in text as the ratio between the magnitude of the normal force (F) and area of the surface on contact (A)
  • pressure described as the equation p = F/A
  • relationship between reaction rate and temperature
  • conversion between binary coded decimal and pure binary
 Claim is based on or involves a mathematical concept, but does not recite it
Mathematical formulas or equations
a formula or equation (expressed numerically or in text)
  • the Arrhenius equation
  • formula for computing an alarm limit
  • a mathematical formula for hedging
Mathematical calculations
a mathematical operation or an act of calculating using mathematical methods to determine a variable or number
  • calculating a number representing an alarm limit
  • using a formula to convert geospatial coordinates into natural numbers
  • calculating the difference between local and average data values
Certain methods of organizing human activity
(MPEP 2106.04(a)(2), subsection II)		 Fundamental economic practices or principles
  • hedging
  • insurance
  • mitigating risk
 Activities that do not fall within the enumerated sub-groupings (shown under “May Be Ineligible” for this exception)
Commercial or legal interactions
  • agreements in the form of contracts
  • legal obligations
  • advertising, marketing or sales activities or behaviors
  • business relations
Managing personal behavior or relationships or interactions between people
  • social activities
  • teaching
  • following rules or instructions
Mental processes
(MPEP 2106.04(a)(2), subsection III)		 Concepts performed in the human mind with or without a physical aid (e.g., pen and paper)
  • observations
  • evaluations
  • judgments
  • opinions
 Limitations that cannot practically be performed in the human mind
Judicial Exception May Be Ineligible
(Requires Further Analysis)		 Examples What is Eligible
Laws of Nature, Natural Phenomena & Products of Nature
(MPEP 2106.04(b))		 Laws of nature and natural phenomena (besides products of nature)
(MPEP 2106.04(b), subsection I)
  • naturally occurring principles or relations
  • physical phenomena
  • scientific principles
  • natural laws
 Claim is based on or involves a law of nature or natural phenomenon, but does not recite it, or; Nature-based products that possess markedly different characteristics (MPEP 2106.04(c))
Products of nature
(MPEP 2106.04(b), subsection II)
  • a law of nature or natural phenomenon claimed as a physical product (e.g., isolated DNA, an animal clone, a bacterium)

Red octagonal STOP sign graphic.

Do not proceed to Step 2A Prong Two/Step 2B if an exception is not found! If the claim does recite a judicial exception at Step 2A Prong One, the claim requires further analysis to determine if it is directed to the judicial exception at Step 2A Prong Two. If the claim is directed to a judicial exception, it must be analyzed at Step 2B.

Note:

  • All references to eligibility in this Quick Reference Guide refer to eligibility at Step 2. A claim may still be ineligible at Step 1. See MPEP 2106.03.
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Page 2 of the original USPTO PDF: Subject Matter Eligibility Quick Reference Guide (QRG) — Step 2. The text of this page follows.
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Subject Matter Eligibility Quick Reference Guide – Step 2

Does the claim integrate the judicial exception into a practical application/recite significantly more? – Step 2A Prong Two/Step 2B

Considerations that Favor Eligibility[1] MPEP Factors that Favor Eligibility
Improvements to the Functioning of a Computer or To Any Other Technology or Technical Field 2106.04(d)(1); 2106.05(a)
  • The disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement, and
  • The claim itself reflects the disclosed improvement in technology
Particular Treatment or Prophylaxis[2] 2106.04(d)(2)
  • The treatment/prophylaxis is particular,
  • The treatment/prophylaxis has more than a nominal/insignificant relationship to the judicial exception, and
  • More than mere field of use or insignificant extra-solution activity
Particular Machine 2106.05(b)
  • The machine/apparatus is particular
  • The machine/apparatus implements the steps of the method
  • More than mere field of use or insignificant extra-solution activity
Particular Transformation 2106.05(c) <div> <div>
  • The transformation... is particular rather than general
  • is applied to a particular article
</div> <div>
  • results in the transformed article having a different function or use
  • transforms a physical or tangible article
  • is more than extra-solution activity or field of use
</div> </div>
Other Meaningful Limitations 2106.05(e)
  • The claim adds meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment
Considerations that Favor Ineligibility[1] MPEP Factors that Favor Eligibility
Mere Instructions to Apply an Exception 2106.05(f)

The additional elements amount to more than a recitation of the words “apply it” (or an equivalent) or more than mere instructions to implement an abstract idea or other exception on a computer:

  • The claim recites a technological solution to a technological problem
  • The claim confines the judicial exception to a particular, practical application of the judicial exception
Insignificant Extra-Solution Activity 2106.05(g)

The additional elements add more than insignificant extra-solution activity to the judicial exception:

  • The limitation is not well-understood, routine, and conventional[3]
  • The limitation is significant (imposes meaningful limits on the claim such that it is not nominally or tangentially related to the invention)
  • The limitation is more than necessary data gathering and outputting
Field of Use / Technological Environment 2106.05(h)

The additional elements amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use:

  • Specific limitations that meaningfully apply the judicial exception to the technology
Well-Understood, Routine, Conventional (WURC)[3] 2106.05(d); 2106.07(a), subsection III

The additional elements are not well-understood, routine, conventional activities previously known to the industry:

  • An unconventional step that confines the claim to a particular useful application of the judicial exception
  • Unconventional or non-routine, even if known in the art
  • Individually WURC, but unconventional in combination

Notes:

  • “Eligibility” in this QRG means eligibility at Step 2. For eligibility at Step 1, see MPEP 2106.03.
  • In both Step 2A Prong Two and Step 2B, examiners consider the claim as a whole.
  • Relevant court cases are discussed in MPEP 2106.
  • An index of examples is available at https://www.uspto.gov/sites/default/files/documents/ieg-example-index.pdf. This index maps issues (e.g., the improvements consideration) to relevant USPTO examples.

[1] Applicants may address these considerations by filing amendments, arguments, or Subject Matter Eligibility Declaration (SMED)

[2] Step 2A Prong Two only

[3] Step 2B only; requires factual support as explained in MPEP 2106.07(a), subsection III

Cited in this document

MPEP sections · 6
§ 2106§ 2106.03§ 2106.04(a)(2)§ 2106.04(b)§ 2106.04(c)§ 2106.07(a)

Citations detected in the extracted text and resolved against the pinned corpus. Verify against the source PDF before relying on them.