How is form paragraph 7.05.01 used in patent rejections?
Form paragraph 7.05.01 is used for rejections under 35 U.S.C. 101 when the claimed invention does not fall within one of the four statutory categories of patent-eligible subject matter. This form paragraph should be preceded by form paragraph 7.05.
The MPEP provides the following guidance for using this form paragraph:
“the claimed invention is directed to nonstatutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because [1]”
The examiner must explain in bracket 1 why the claimed invention is not patent-eligible subject matter. As the MPEP states: “In bracket 1, explain why the claimed invention is not patent eligible subject matter by identifying what the claim(s) is/are directed to and explain why it does not fall within at least one of the four categories of patent eligible subject matter recited in 35 U.S.C. 101 (process, machine, manufacture, or composition of matter), e.g., the claim(s) is/are directed to a signal per se, mere information in the form of data, a contract between two parties, or a human being.”
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