What are the form paragraphs used to indicate allowable subject matter in patent applications?

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.

Patent examiners use specific form paragraphs to indicate allowable subject matter in patent applications. According to MPEP 707.07(j), the following form paragraphs are used:

• Form paragraph 7.43: Used for claims objected to as dependent upon a rejected base claim but would be allowable if rewritten in independent form.
• Form paragraph 7.43.01: Used for claims that would be allowable if rewritten or amended to overcome rejections under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
• Form paragraph 7.43.02: Used for dependent claims that would be allowable if rewritten to overcome 112(b) rejections and include all limitations of the base claim and intervening claims.
• Form paragraph 7.43.04: Used to suggest allowable drafted claims for pro se applicants.
• Form paragraph 7.97: Used to indicate allowed claims.

These form paragraphs help standardize communication between examiners and applicants regarding allowable subject matter.