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
Tags: Patent Interview, patent prosecution, subject matter eligibility, Tentative Abstract Idea