Does an examiner need TC Director approval to withdraw a tentative abstract idea rejection?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, an examiner does not need TC Director approval to withdraw a tentative abstract idea rejection. The MPEP clarifies:
For applications in which an abstract idea has been identified using the tentative abstract idea procedure, an interview with the TC Director that provided approval is not necessary because the examiner retains the authority to withdraw or maintain a rejection upon consideration of applicant’s reply. The examiner is not required to obtain TC Director approval to withdraw or maintain such a § 101 subject matter eligibility rejection.
(MPEP 2106.04(a)(3))
This policy allows examiners to:
- Respond flexibly to applicant arguments
- Make independent decisions based on the merits of the case
- Expedite prosecution when appropriate
Examiners retain the authority to assess applicant responses and make determinations without additional bureaucratic steps.