What are the form paragraphs used for lack of subject matter eligibility rejections?

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 provides specific form paragraphs for rejections based on lack of subject matter eligibility:

• Form paragraphs 7.04.01, 7.05, and 7.05.01 are used for rejections at Step 1 of the eligibility analysis (failure to claim an invention within the statutory categories).
• Form paragraphs 7.04.01, 7.05, and 7.05.016 are used for rejections at Step 2B of the eligibility analysis (failure to claim patent-eligible subject matter due to lack of inventive concept/significantly more).
• For “tentative abstract ideas,” form paragraph 7.05.017 must be used in addition to the others, and requires the TC Director’s signature.

As stated in the MPEP: “Use form paragraphs 7.04.01, 7.05, and 7.05.01 for rejections based on a failure to claim an invention that falls within the statutory categories of invention… Use form paragraphs 7.04.01, 7.05, and 7.05.016 for rejections based on a failure to claim an invention that is directed to patent-eligible subject matter…”