Why does the USPTO prohibit “sounding out” interviews with patent examiners?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
The USPTO prohibits “sounding out” interviews to ensure efficient use of examiner time and resources, and to promote substantive, binding discussions. According to MPEP 713.03:
“Interviews that are solely for the purpose of ‘sounding out’ the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent that any agreement that would be reached is conditional upon being satisfactory to the principal attorney.”
This policy serves several purposes:
- Prevents wasted time on non-binding discussions
- Ensures that interviews lead to concrete progress in patent prosecution
- Discourages the use of interviews merely as fact-finding missions
- Promotes efficient use of USPTO resources