How should examiners handle dependent claims in a subject matter eligibility analysis?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. Examiners should evaluate the eligibility of dependent claims separately, as…

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How does the USPTO evaluate “improvements to the functioning of a computer” in Step 2B?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. The USPTO evaluates “improvements to the functioning of a computer”…

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How should examiners evaluate applicant’s arguments regarding the improvement to computer functionality or other technology?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. When evaluating applicant’s arguments regarding improvements to computer functionality or…

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How should an examiner evaluate an applicant’s response to a subject matter eligibility rejection?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. When evaluating an applicant’s response to a subject matter eligibility…

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What should examiners consider when evaluating an applicant’s response to a subject matter eligibility rejection?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. Examiners must carefully evaluate all aspects of an applicant’s response…

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How should examiners evaluate additional elements for meaningful limitations?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. When evaluating additional elements for meaningful limitations, patent examiners should…

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How does MPEP distinguish between “particular” and “general” treatments?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. The MPEP 2106.04(d)(2) provides guidance on distinguishing between “particular” and…

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What is the difference between a claim ‘reciting’ and ‘involving’ an abstract idea?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs 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. The distinction between a claim ‘reciting’ an abstract idea and…

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