How are Form Paragraphs 7.05.015, 7.05.016, and 7.05.017 used together in patent rejections?
Form Paragraphs 7.05.015, 7.05.016, and 7.05.017 are used together in patent rejections to provide a comprehensive explanation for why a claim is rejected under 35 U.S.C. 101 for lack of subject matter eligibility. According to MPEP 2106.07(a)(1), these form paragraphs correspond to the steps of the Alice/Mayo test: Form Paragraph 7.05.015: Identifies the claim as…
Read MoreHow does Form Paragraph 7.05.016 differ from 7.05.015 in patent rejections?
Form Paragraphs 7.05.015 and 7.05.016 serve different purposes in patent rejections related to subject matter eligibility under 35 U.S.C. 101. According to MPEP 2106.07(a)(1): Form Paragraph 7.05.015 is used to identify the claim as directed to an abstract idea and specify which abstract idea grouping it falls under. Form Paragraph 7.05.016 is used “To explain…
Read MoreWhat is the purpose of form paragraph 7.05.016 in patent examination?
Form paragraph 7.05.016 is used for rejections under 35 U.S.C. 101 when the claimed invention is directed to a judicial exception without significantly more (i.e., without an inventive concept). This form paragraph should be preceded by form paragraph 7.05. The MPEP provides the following structure for this form paragraph: “the claimed invention is directed to…
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