Are interviews allowed in ex parte reexamination resulting from supplemental examination?
Yes, interviews are generally permitted in ex parte reexamination proceedings that result from a supplemental examination. The MPEP states:
“Interviews conducted in connection with any ex parte reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding are governed by the regulations governing ex parte reexamination proceedings.”
This means that while interviews are prohibited during the supplemental examination itself, they are allowed in any subsequent ex parte reexamination. These interviews typically focus on issues of patentability that are directly addressed in the reexamination proceeding.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2814 - Interviews Are Prohibited,
Patent Law,
Patent Procedure