What is Form Paragraph 7.05.017 used for in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Additional Elements Must Significantly More Than Exception MPEP 2106.07(a) Prohibited Claim Must Include Significantly More Than Abstract Idea MPEP 2106 Prohibited Claims Directed to Judicial Exception Must Have Significantly More Than Exception MPEP 2106 Prohibited Flowchart for Subject Matter Eligibility Analysis MPEP 2106 Recommended Claims Must Recite Additional Elements Significantly More Than Judicial Exception MPEP 2106 Prohibited Explain Why Additional Elements Integrate Exception into Practical Application MPEP 2106.07(a) Recommended Abstract Idea Integration into Practical Application Required for Patent Eligibility MPEP 2106 Flowchart for Subject Matter Eligibility Analysis MPEP 2106 Claim Limitations Must ...