How should examiners handle ‘tentative abstract ideas’ in subject matter eligibility rejections?

For ‘tentative abstract ideas’ that do not fall within the enumerated groupings, examiners should:

  • Use form paragraph 7.05.017 in addition to other required paragraphs
  • Provide justification for treating the limitation as an abstract idea
  • Obtain approval from the Technology Center Director
  • Include the TC Director’s signature in the rejection

MPEP 2106.07(a)(1) states: “If the judicial exception to which the claim is directed is a ‘tentative abstract idea,’ i.e., an abstract idea that does not fall within any of the groupings of abstract ideas discussed in MPEP § 2106.04(a)(2), then the Step 2B rejection must also use form paragraph 7.05.017 (in addition to form paragraphs 7.04.01, 7.05, and 7.05.016) and include the TC Director’s signature.”

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Topics: MPEP 2100 - Patentability, MPEP 2106.07(A) - Formulating A Rejection For Lack Of Subject Matter Eligibility, Patent Law, Patent Procedure
Tags: 101 Rejection, Judicial Exception, subject matter eligibility, tc director approval, Tentative Abstract Idea