Can an applicant request an interview after 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.

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.