What is Form Paragraph 7.05.017 used for in patent examination?
Form Paragraph 7.05.017 is a crucial tool in patent examination for addressing subject matter eligibility under 35 U.S.C. 101. According to MPEP 2106.07(a)(1), this form paragraph is used:
“To explain that the claim(s) do not recite additional elements that amount to significantly more than the judicial exception.”
Specifically, Form Paragraph 7.05.017 is employed when:
- The claim has been identified as directed to an abstract idea (using Form Paragraph 7.05.015)
- It has been established that the claim doesn’t integrate the abstract idea into a practical application (using Form Paragraph 7.05.016)
- The examiner needs to explain why the additional elements do not amount to significantly more than the judicial exception
This form paragraph helps examiners articulate why the claim fails step 2B of the Alice/Mayo test, which is crucial for a complete subject matter eligibility rejection under 35 U.S.C. 101.
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