What is the USPTO’s stance on rejecting patent claims for “aggregation”?
According to the Manual of Patent Examining Procedure (MPEP) 2173.05(k), patent claims should not be rejected on the grounds of “aggregation.” The MPEP states:
“A claim should not be rejected on the ground of ‘aggregation.'”
This guidance is based on legal precedents, including In re Gustafson and In re Collier, which established that rejections for aggregation are non-statutory and that applicants are entitled to know the specific statutory basis for a rejection (e.g., under 35 U.S.C. 101, 102, 103, or 112).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(K) - Aggregation,
Patent Law,
Patent Procedure