Are interviews allowed after an examiner’s answer is mailed?

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.

Generally, interviews are not permitted after an examiner’s answer is mailed and before the appeal forwarding fee is paid. The MPEP states:

“While appellants may desire an interview after mailing of an examiner’s answer and prior to payment of this fee, interviews during this time period are likely to confuse the record on appeal and are not permitted except in unusual situations.”

However, there are some rare exceptions where interviews might be allowed during this period:

• If the appellant wishes to cancel all appealed claims and proceed to issue with claims previously indicated as allowable.
• If the examiner is convinced that some, but not all, of the previously rejected claims are in condition for allowance.

These restrictions help maintain clarity in the appeal record and ensure that the appeal process proceeds efficiently.