What is a Section 101 rejection and how do you respond to one?
Reviewed by
Dominic Davies, patent attorney (20+ years)
· Last reviewed
September 11, 2026
A Section 101 rejection says the examiner considers the claim an abstract idea without an inventive concept or practical application. Responses argue the technical contribution: what the claimed method improves computationally or architecturally, often supported by the USPTO's own eligibility examples. Outcomes turn on framing and argumentation, which is why attorney-led responses matter for software.
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