MPEP 2100 patentability Flashcards

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1
Q

What’s the 2-step check of the patentability of the claims

A

1) In one of the four: Process(method), machine, manufacture, composition;
If this is NO, then 101 rejection
If 1) is yes, go to 2)

2) check: wholly directed to subject matter encompassing a judicial exception, including: Natural phenomena, Law of nature, abstract idea
If this is NO, no 101 rejection
If this is YES, check 2b)
2b) if the additional elements amount to “significantly more”?
If this is YES, no 101 rejection
If NO, 101 rejection

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2
Q
Statutorily eligible
categories of invention:
A. Transitory forms of signal transmission 
B. A computer program per se 
C. A human per se 
D. A mere arrangement of printed matter
A

None of them…

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3
Q

NOT patentable things:

A

signals, human organs, contract agreements, computer program, forms of company, data (but database is patentable).

basic tools of scientific and tech work (such fundamental math and physics theory).

tricks that could help to avoid or reduce paying tax lol…

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4
Q

reference as analogous art, how to tell?

A

(1) the same field of endeavor (even if it addresses a different problem); or
(2) reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor)

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