What is an example of a formal objection in patent examination?

The MPEP provides a clear example of a formal objection in patent examination:

An example of a matter of form as to which objection is made is dependency of a claim on a rejected claim, if the dependent claim is otherwise allowable.

This example illustrates that objections typically relate to the form or structure of the patent application rather than its substantive content. In this case:

  • The dependent claim itself is potentially allowable
  • However, it depends on a rejected claim
  • The examiner would object to the form of the dependent claim due to its reliance on a rejected claim

Such objections are typically addressed by reformulating the claim structure rather than arguing about the patentability of the subject matter. For more information on claim dependency, you can refer to MPEP § 608.01(n).

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Tags: patent examination