General

Section 101 — general principles of USPTO examination including patentability basis. Examiners must examine for compliance with all statutory requirements. Applicants entitled to a patent on patentable invention as matter of right.

Key Points

USPTO must grant patent on patentable invention as matter of right — not discretionary
Examiners examine for 101, 102, 103, 112 compliance
Applicant entitled to fair examination
Double patenting and other procedural requirements also addressed
Examiner bears initial burden of rejection before burden shifts to applicant

Key Takeaway

A patent is a right, not a privilege — when an invention meets all statutory requirements, USPTO must grant the patent. The examiner bears the initial burden of establishing a prima facie case of unpatentability.

Exam Trap

Examiners cannot deny a patent merely because they believe the invention is undesirable or unlikely to be commercialized. The statutory requirements are the only basis for rejection.

Want to study every MPEP section in depth?

Create a free account to access all 29 MPEP chapters, ~50 practice questions, and a full exam simulation.

Get started free →