Office Action Response Argument
(Section 101) (Computer Technology)


Summary

This office action response template provides arguments that you may use when responding to a rejection of patent claims under 35 U.S.C. ยง 101. This template contains practical guidance and drafting notes. Use this template in combination with Patent Office Action Response to prepare a complete response to an office action that rejects claims based on a lack of patent-eligible subject matter. The current framework for analyzing whether a patent claim is directed to patent-eligible subject matter is set forth in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208 (2014) (analyzing eligibility of a computer-implemented method) and an earlier decision, Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66 (2012) (involving life sciences technology). The so-called Alice/Mayo framework involves a two-part inquiry. First, analyze whether the patent claim is directed to a law of nature, natural phenomenon, or abstract idea (the so-called judicial exceptions), and if so, analyze ...