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Simple English definitions for legal terms

Section 101 rejection

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A quick definition of Section 101 rejection:

A Section 101 rejection is when a patent examiner says that an invention is not eligible for a patent because it doesn't fit into the categories of things that can be patented. This can happen if the invention is too abstract or if it's something that can't be owned, like a natural phenomenon. It's like a teacher saying that a student's project doesn't fit the assignment. The student would have to go back and try again to make something that fits the rules.

A more thorough explanation:

A Section 101 rejection is when a patent examiner finds that a claim in a patent application is not eligible for patent protection because it is based on nonstatutory subject matter. This means that the invention is not something that can be patented under the law.

For example, if someone tried to patent a natural phenomenon like a rainbow, the patent examiner would issue a Section 101 rejection because it is not something that can be patented.

Another example would be if someone tried to patent an abstract idea like a mathematical formula. This would also be rejected under Section 101 because it is not something that can be patented.

Overall, a Section 101 rejection is a way for the patent office to ensure that only inventions that are truly new and useful are granted patent protection.

SECTION 43(A) ACTION | Section 102 rejection

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