Can an applicant request an interview after a tentative abstract idea rejection?
Yes, applicants can request an interview after receiving a rejection based on a tentative abstract idea. The MPEP encourages this practice:
In response to a Step 2B rejection of a claim reciting a tentative abstract idea, an interview with the examiner may be conducted, which may help advance prosecution and identify patent eligible subject matter.
(MPEP 2106.04(a)(3))
These interviews can be valuable for:
- Clarifying the rejection basis
- Discussing potential amendments
- Exploring strategies to overcome the rejection
- Identifying patent-eligible subject matter
Applicants should follow standard procedures for requesting an interview, as outlined in MPEP § 713.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(A)(3) - Tentative Abstract Ideas,
Patent Law,
Patent Procedure