Subject Matter Eligibility Declarations: An Empirical Study of Rule 132 Evidence and Examiner Response

Of the 6,111 Rule 130, 131 and 132 declarations filed since the December memo, 460 are eligibility declarations, about 8%. Examiners kept the §101 rejection about 66% of the time, outside-expert declarations fared worst, and calling the paper a SMED made no difference. Continue reading this post on Patently-O.