How to Use This Resource

The Patent Criteria Resource Taxonomy functions as a master checklist for patent review. It collects legal factors, drafting considerations, jurisdiction-specific doctrines, and case-linked examples that can be used to assess prosecution readiness.

The taxonomy is organized into six families of criteria. Each family addresses a distinct dimension of patent analysis. Within each family, individual topics provide explanations, preserved source materials, and worked examples showing when criteria are met or not met.

You can explore the taxonomy by selecting any family below. Each detail page presents the criteria at a high level first, then allows you to open the underlying source material topic by topic without losing the original substance.

Six Families of Patent Criteria

Select a family to explore the criteria, legal principles, and case examples that apply to that dimension of patent analysis.

Criteria Family

Skilled-Person and Background Assumptions

Foundational Analysis

Defines the baseline knowledge, expectations, and technical context attributed to the relevant skilled person (PHOSITA). These topics shape how later sections evaluate support, predictability, experimentation, and obviousness.

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Criteria Family

Disclosure Sufficiency and Support

Specification Analysis

Addresses whether the application teaches the invention in a way that is legally and technically usable across the claimed scope. Covers operability, utility, plausibility, enablement, and classical sufficiency.

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Criteria Family

Claim Support and Possession

Claim Analysis

Examines whether claims are supported by the specification and whether the applicant possessed the full scope of the invention at filing. Includes written description and claim breadth analysis.

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Criteria Family

Obviousness and Inventive Step

Patentability Analysis

Covers the legal and factual frameworks for assessing whether an invention represents a non-obvious advance over the prior art. Includes motivation to combine, reasonable expectation of success, and secondary considerations.

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Criteria Family

Subject-Matter Eligibility and Patentability

Threshold Analysis

Functions as a threshold screen before review turns to sufficiency or inventive-step questions. Covers patentable and non-patentable subject matter, judicial exceptions, and technical contribution requirements.

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Criteria Family

AI and Machine Learning Patentability

Specialized Analysis

Addresses specialized eligibility and patentability issues for inventions involving computational models, algorithms, or mathematically framed techniques. Emphasizes technical character and technical contribution.

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Scope and Source

This taxonomy draws from raw criteria materials developed through active patent practice and refined over time. It combines layered readability with preservation of underlying source depth — allowing readers to understand criteria at a high level first, then open the underlying source material topic by topic without losing the original substance.

Each topic includes expandable source material blocks containing preserved underlying criteria text, with examples of criteria met and not met drawn from case law and practice experience.

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