What’s within the Closing Rejections: Eligibility

by Dennis Crouch

Although there have been some enhancements, preliminary workplace actions recurrently require a good quantity clean-up and fine-tuning. This course of usually contains rectifying typographical errors and clarifying free declare language. It’s additionally frequent for the examiner to misconstrue elements of the invention.  Nevertheless, by the point the ultimate rejection stage is reached, these points are often addressed, and the traces of distinction are extra clearly drawn.  So, for my research right here, I made a decision to look solely at remaining workplace actions and ask the query of what share of those contain eligibility rejections.

The chart above reviews the share of ultimate workplace actions that embody an eligibility rejection.  The uppermost (orange dashed) line on the chart represents purposes examined by the eCommerce artwork items (particularly the 3620s, 3680s, and 3690s). Notably, in 2023 greater than 90% of the ultimate rejections for the 3690s (finance, banking, insurance coverage) included an eligibility rejection.  The center (gray) line within the chart pertains to non-financial information processing innovations (2120s). The primary focus of 2120s examination has now shifted predominantly to points associated to AI  simulation and modeling. The third and final (double blue) line within the chart represents all purposes. This totals line illustrates that round 9% of all remaining rejections embody an eligibility focus. This is a rise from the two% charge in 2012.  Notably, about half of the USPTO artwork items have an eligibility rejection charge of round 0%.

One problem with my research right here method is the time issue. Nearly all of circumstances that obtain a remaining rejection are no less than three years faraway from their efficient submitting date, and so more moderen filings may be doing a greater job.  This research was performed primarily based on a pattern measurement of 100,000 remaining rejections and is proscribed solely to publicly obtainable recordsdata.