What are form paragraphs in patent rejections under 35 U.S.C. 112(b)?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Form paragraphs are standardized text blocks used by patent examiners to communicate rejections in patent applications. For rejections under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, specific form paragraphs are used to address various issues of indefiniteness in claims.

According to the MPEP, Form paragraphs 7.30.02, 7.34 through 7.34.05, 7.34.07 through 7.34.10, 7.34.12 through 7.34.15, 7.35, and 7.35.01 should be used to make rejections under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. These form paragraphs cover a range of issues, from failure to claim the inventor’s invention to the use of relative terms or trademarks in claims.

Topics: MPEP 2100 - Patentability MPEP 2175 - Form Paragraphs For Use In Rejections Under 35 U.S.C. 112(B) Or Pre - Aia 35 U.S.C. 112 Patent Law Patent Procedure Second Paragraph
Tags: 35 U.S.C. 112(B), claim language, Form Paragraphs, indefiniteness, Patent Rejections