How should examiners handle dependent claims in a subject matter eligibility analysis?
Examiners should evaluate the eligibility of dependent claims separately, as they may be eligible even if the independent claim is ineligible. The MPEP states:
“The evaluation of whether the claimed invention qualifies as patent-eligible subject matter should be made on a claim-by-claim basis, because claims do not automatically rise or fall with similar claims in an application. For example, even if an independent claim is determined to be ineligible, the dependent claims may be eligible because they add limitations that integrate the judicial exception into a practical application or amount to significantly more than the judicial exception recited in the independent claim.”
Conversely, a dependent claim may be ineligible even if its associated independent claim is eligible. Each claim must be considered based on its particular elements.
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