Legal Definitions - Rule 109 statement

A Rule 109 statement is a statement made by a patent examiner that explains why a patent claim has been allowed. This statement is filed by the examiner if they believe that the record does not adequately reflect the reasons for allowing the claim.

The statement should include information on how the claim is different from prior art and why that difference is considered non-obvious. This helps to ensure that the patent is only granted for truly innovative and unique ideas.

For example, if someone applies for a patent on a new type of smartphone screen, the examiner may file a Rule 109 statement explaining why this screen is different from previous screens and why that difference is non-obvious. This helps to ensure that the patent is only granted for truly innovative and unique ideas.