What is form paragraph 7.04.01 used for in patent examination?
Form paragraph 7.04.01 is used to state the statutory basis for patent eligibility under 35 U.S.C. 101. It must be included at the beginning of all first actions on the merits and final rejections that involve 35 U.S.C. 101.
The MPEP provides the following text for this form paragraph:
“35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
The MPEP also notes: “This form paragraph must precede the first use of 35 U.S.C. 101 in all first actions on the merits and final rejections.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.07(A)(1) - Form Paragraphs For Use In Lack Of Subject Matter Eligibility Rejections,
Patent Law,
Patent Procedure