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Guides to the areas of the manual practitioners work in most. Unlike the rest of this site, these are written by mpep.io rather than reproduced from the MPEP, so each one is held back from the index until an attorney has reviewed it. Each guide explains the framework and then hands you to the official sections and authorities, which are the thing to rely on.

• Patent Eligibility Under 35 U.S.C. § 101

  How the USPTO decides subject matter eligibility: the four statutory categories, the two prongs of Step 2A, Step 2B, and the guidance issued since the pinned MPEP revision.

• Obviousness Under 35 U.S.C. § 103

  The Graham factual inquiries, what KSR changed, how examiners build a prima facie case of obviousness, and where the MPEP sets out the rationales and the rules on rebuttal evidence.

• The 35 U.S.C. § 112 Requirements

  Written description, enablement and best mode under § 112(a); definiteness under § 112(b); and when a claim limitation is construed under § 112(f).

• Appealing to the PTAB

  The ex parte appeal route from a final rejection to the Board: notice of appeal, the appeal brief, the examiner's answer, reply briefs, and what happens after the Board decides.