Form Paragraph 7.05 — Rejection, 35 U.S.C. 101, Non-Statutory
Current through: 2022-07-01

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 Manual of Patent Examining Procedure 
 
 
 

 
 
 
 
 
 
 
 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
 
 
 

 
 
 

 
 
 
 
 

 
 

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 Manual of Patent Examining Procedure 

 Manual of Patent Examining Procedure

 
 

 
 
 
 
 
 
 
 Manual of Patent Examining Procedure (MPEP) 
 
 

 
 
 Ninth Edition, Revision 01.2024 
 
 

 MPEP Archives - PDF archive of
 previous publications of the manual from 1948 – 2023.

 Please use MPEPFeedback@uspto.gov to send an inquiry to the MPEP
 staff. 

 

 Updates Since Current MPEP

 
 The current MPEP (9th Edition, Rev. 01.2024), published November 2024, is up-to-date as of January
 31, 2024. Any changes to USPTO patent examining policies and procedures that occurred after January
 31, 2024, have not been incorporated into the current MPEP. 

 

 The following are links to updated information:

 Current fees &ndash; Refer to the Current USPTO Fee Schedule.

 Consolidated Laws &ndash; The patent laws in effect as of July
 18, 2025.

 Consolidated Rules &ndash; The patent rules in effect as of
 July 20, 2026.
 

 Subsequent Publications (After January 31, 2024) &ndash;
 A listing of documents that made changes to USPTO patent examining policies and procedures after
 January 31, 2024, and are under consideration for inclusion in a future publication of the MPEP.
 This listing is current as of July 20, 2026.

 

 The following supersede one or more portions of the current MPEP:

 Revised Form
 Paragraphs for Design Patents and Applications , January 14, 2025 
 Revised and New Form
 Paragraphs in View of Setting and Adjusting Patent Fees During Fiscal Year 2025 , January 17,
 2025
 Advance Notice of
 Change to the MPEP to provide guidance on the use of PE2E Search’s Similarity Search feature ,
 October 24, 2025
 Advance notice of change
 to
 the MPEP with respect to false assertions or certifications of entity status ,
 October 24, 2025
 Advance notice of change to the MPEP in light of Ex Parte Desjardins , December 5, 2025

 

 

 Current MPEP

 

 MPEP sections that were revised in the current MPEP have a revision indicator of [R-01.2024]
 adjacent to the section title. Throughout the MPEP, these revision indicators identify the date of
 the last revision to that section. 

 See the “Change Summary” for an explanation of the changes made in the current MPEP.

 The current MPEP (9 th Edition, Rev. 01.2024) is available in three formats: Searchable
 MPEP (eMPEP), HTML, and PDF.

 Searchable MPEP (eMPEP) 

 
 See the user manual
 or quick reference
 guide for help with search features (e.g., default operators, proximity searches, and wild
 cards) and navigation. 

 
 

 HTML and PDF

 Links below including a downloadable zip file:

 
 Change Summary PDF 

 Title Page PDF 

 Foreword PDF 

 Introduction PDF 

 Table of Contents PDF 
 

 Chapter 100 - PDF Secrecy, Access, National Security, and Foreign Filing 

 Chapter 200 - PDF Types and Status of Application; Benefit and Priority Claims 

 Chapter 300 - PDF Ownership and Assignment 

 Chapter 400 - PDF Representative of Applicant or Owner 

 Chapter 500 - PDF Receipt and Handling of Mail and Papers 

 Chapter 600 - PDF Parts, Form, and Content of Application 

 Chapter 700 - PDF Examination of Applications 

 Chapter 800 - PDF Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting 
 

 Chapter 900 - PDF Prior Art, Search, Classification, and Routing 

 Chapter 1000 - PDF Matters Decided by Various U.S. Patent and Trademark Office Officials 
 

 Chapter 1100 - PDF Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and
 Preissuance Submissions 

 Chapter 1200 - PDF Appeal 

 Chapter 1300 - PDF Allowance and Issue 

 Chapter 1400 - PDF Correction of Patents 

 Chapter 1500 - PDF Design Patents 

 Chapter 1600 - PDF Plant Patents 

 Chapter 1700 - PDF Miscellaneous 

 Chapter 1800 - PDF Patent Cooperation Treaty 

 Chapter 1900 - PDF Protest 

 Chapter 2000 - PDF Duty of Disclosure 

 Chapter 2100 - PDF Patentability 

 Chapter 2200 - PDF Citation of Prior Art and Ex Parte Reexamination of Patents 

 Chapter 2300 - PDF Interference and Derivation Proceedings 

 Chapter 2400 - PDF Biotechnology 

 Chapter 2500 - PDF Maintenance Fees 

 Chapter 2600 - PDF Optional Inter Partes Reexamination 

 Chapter 2700 - PDF Patent Terms, Adjustments, and Extensions 

 Chapter 2800 - PDF Supplemental Examination 

 Chapter 2900 - PDF International Design Applications 

 Appendix I - PDF Reserved 

 Appendix II - PDF List of Decisions Cited 

 Appendix L - PDF Patent Laws 

 Appendix R - PDF Patent Rules 

 Appendix T - PDF Patent Cooperation Treaty 

 Appendix AI - PDF Administrative Instructions Under the PCT 

 Appendix P - PDF Paris Convention 

 Subject Matter Index PDF 

 Form Paragraphs PDF 

 
 

 Zipped version of the MPEP current revision in the PDF format.

 

 

 

 
 
 
 
 
 
 Previous Editions and Revisions 

 

 All previous editions and revisions of the Manual are available from the MPEP Archives 
 

 

 
 
 First Edition, November 1949 

 Second Edition, November 1953 

 Third Edition,
 November 1961 

 Fourth Edition, June 1979 

 Fifth Edition, August 1983 

 Sixth Edition,
 January 1995 

 Seventh Edition, July 1998 

 Eighth Edition, August 2001 

 Ninth Edition, March 2014 
 

 

 
 
 

 
 
 

 

 
 

 

 

 

 

 

 
 
 
 
 Change Summary 

 Title Page 

 Foreword 

 Introduction 

 Chapter 100 - Secrecy, Access, National Security, and Foreign
 Filing 

 Chapter 200 - Types, Cross-Noting, and Status of Application 
 

 Chapter 300 - Ownership and Assignment 

 Chapter 400 - Representative of Applicant or Owner 

 Chapter 500 - Receipt and Handling of Mail and Papers 

 Chapter 600 - Parts, Form, and Content of Application 

 Chapter 700 - Examination of Applications 

 Chapter 800 - Restriction in Applications Filed Under 35 U.S.C.
 111; Double Patenting 

 Chapter 900 - Prior Art, Classification, and Search 

 Chapter 1000 - Matters Decided by Various U.S. Patent and Trademark
 Office Officials 

 Chapter 1100 - Statutory Invention Registration (SIR); Pre-Grant
 Publication (PGPub) and Preissuance Submissions 

 Chapter 1200 - Appeal 

 Chapter 1300 - Allowance and Issue 

 Chapter 1400 - Correction of Patents 

 Chapter 1500 - Design Patents 

 Chapter 1600 - Plant Patents 

 Chapter 1700 - Miscellaneous 

 Chapter 1800 - Patent Cooperation Treaty 

 Chapter 1900 - Protest 

 Chapter 2000 - Duty of Disclosure 

 Chapter 2100 - Patentability 

 Chapter 2200 - Citation of Prior Art and Ex Parte Reexamination of
 Patents 

 Chapter 2300 - Interference and Derivation Proceedings 

 Chapter 2400 - Biotechnology 

 Chapter 2500 - Maintenance Fees 

 Chapter 2600 - Optional Inter Partes Reexamination 

 Chapter 2700 - Patent Terms, Adjustments, and Extensions 

 Chapter 2800 - Supplemental Examination 

 Chapter 2900 - International Design Applications 

 Appendix I - Reserved 

 Appendix II - List of Decisions Cited 

 Appendix L - Patent Laws 

 Appendix R - Patent Rules 

 Appendix T - Patent Cooperation Treaty 

 Appendix AI - Administrative Instructions Under the PCT 
 

 Appendix P - Paris Convention 

 Subject Matter Index 

 Form Paragraphs 

 
 

 

 

 

 
 
 
 

 
 

 

 
 
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 11/05/2015 11:53:50