What is a “tentative abstract idea” in patent law?

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.

A “tentative abstract idea” is a rare circumstance in patent examination where an examiner believes a claim limitation should be treated as an abstract idea, even though it doesn’t fall within the usual groupings of abstract ideas (mathematical concepts, certain methods of organizing human activity, mental processes). The MPEP states:

There may be rare circumstances in which an examiner believes a claim limitation should be treated as an abstract idea even though it does not fall within any of the groupings of abstract ideas discussed in MPEP § 2106.04(a)(2) (MPEP 2106.04(a)(3)).

This concept allows examiners to address potentially abstract ideas that don’t fit neatly into predefined categories.