What special procedures are required for rejecting a claim based on a tentative abstract idea?

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.

Rejecting a claim based on a tentative abstract idea requires special procedures and approval. The MPEP states:

A rejection of a claim reciting a tentative abstract idea must be approved by the TC director (which approval will be indicated in the file record of the application) and must provide a justification for why such claim limitation is being treated as reciting an abstract idea. (MPEP 2106.04(a)(3))

The process involves:

• TC Director approval for Step 2B rejections
• Use of form paragraph 7.05.017
• TC Director’s signature in the Office action
• Notification to Patents Management for public disclosure

These procedures ensure that tentative abstract idea rejections are carefully considered and documented.