700 Examination of Applications

706.03(a): Point pro se applicants to Alice guidance trending idea

Most Alice rejections I have received recently cite caselaw by name, but do not tell you how to find the decisions themselves. It occurred to me today that this may effectively prevent a pro se applicant from responding to such a rejection.

 

I propose amending 706.03(a), form paragraph 7.05.015, to refer to the USPTO's web site for information not found in the Action. For example: (>>insertions<< marked)

 

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the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. >>Court decisions cited in this section are available at https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility.

 

<< Claim(s) [1] ...

 

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I also propose a shortlink to replace the full URL, e.g., https://www.uspto.gov/go/eligibility, and that the USPTO keep copies of the decisions on its Web site. I have emailed the eligibility-feedback address these thoughts.

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Idea No. 225