What are the main types of non-prior art rejections in patent examination?
The MPEP 706.03 outlines several types of rejections not based on prior art that may occur during patent examination. These include:
- Non-statutory subject matter (35 U.S.C. 101) – See MPEP 2106
- Lack of utility (35 U.S.C. 101) – See MPEP 2107
- Subject matter barred by the Atomic Energy Act – See MPEP 2104.01
- Subject matter directed to tax strategies – See MPEP 2124.01
- Subject matter directed to a human organism – See MPEP 2105
- Duplicate claims – See MPEP 608.01(m)
- New matter – See MPEP 608.04 and MPEP 2163.06
- Improper Markush groupings – See MPEP 2117
- Rejections based on 35 U.S.C. 112 (written description, enablement, indefiniteness) – See MPEP 2161-2174
These rejections focus on statutory requirements beyond novelty and non-obviousness, ensuring that patent applications meet all legal criteria for patentability.
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