What is the basis for rejecting a claim under 35 U.S.C. 101 for lack of subject matter eligibility?

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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. A rejection under 35 U.S.C. 101 for lack of subject matter eligibility must be based on failure to comply with the substantive law as interpreted by judicial precedent. The MPEP states: “Eligibility rejections must be based on failure to comply with the substantive law under 35 U.S.C. 101 as interpreted by judicial precedent. The substantive law on eligibility is discussed in MPEP §§ 2106.03 through 2106.06 .” Examiners must review the record as a whole and evaluate eligibility on a claim-by-claim basis before reaching a conclusion about subject matter eligibility. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantive Law on Eligibility Is Discussed in MPEP Sections 2106.03-06 MPEP 2106.07 Eligibility Rejections Must Be Based on Substantive Law Under 35 U.S.C. 101 MPEP 2106.07 Required Examiners Must Review Entire Record for Eligibility MPEP 2106.07 Recommended Flowchart for Subject Matter Eligibility Analysis MPEP 2106 Recommended Flowchart for Subject Matter Eligibility Analysis MPEP 2106 Examiners Must Evaluate All Applicant Evidence Against Subject Matter Eligibility Rejections MPEP 2106.07 Required Examination Guidance Cannot Serve As Basis for Rejection MPEP 2106.07 Required Requirement for Comprehensive Patent Examination MPEP 2106 Claim Must Include Significantly More Than Abstract Idea MPEP 2106 Prohibited Utility Not a Test for Patent Eligibility MPEP 2106 Recommended Other Related FAQs 5 FAQs Collapse What options does an applicant have in responding to a subject matter eligibility rejection? How should an examiner evaluate an applicant&#8217;s response to a subject matter eligibility rejection? How should examiners handle dependent claims in a ...