What are the form paragraphs used for 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 key form paragraphs used for subject matter eligibility rejections are:

• 7.04.01 – Statement of Statutory Basis, 35 U.S.C. 101
• 7.05 – Rejection, 35 U.S.C. 101, -Heading Only-
• 7.05.01 – Rejection, 35 U.S.C. 101, Nonstatutory (Not One of the Four Statutory Categories)
• 7.05.016 – Rejection, 35 U.S.C. 101, Nonstatutory (Directed to a Judicial Exception without an Inventive Concept/Significantly More)
• 7.05.017 – Rejection, 35 U.S.C. 101, TC Director Approval for “Tentative Abstract Idea”

MPEP 2106.07(a)(1) states: “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…”