Patent Bar Mpep Q & A Podcast

Question: What should a subject matter eligibility rejection under Step 2 do? Answer: A subject matter eligibility rejection under Step 2 should: Identify the judicial exception by referring to what is recited (i.e., set forth or described) in the claim and explain why it is considered an exception; Identify any additional elements (specifically point to claim features/limitations/steps) recited in the claim beyond the identified judicial exception; and Explain the reason(s) that the additional elements taken individually, and also taken as a combination, do not result in the claim as a whole amounting to significantly more than the judicial exception. Chapter… The post MPEP Q & A 144: What Should a Subject Matter Eligibility Rejection Under Step 2 Do? appeared first on Patent Education Series.