What are the time limitations for interviews in ex parte reexamination proceedings?

Interviews in ex parte reexamination proceedings are subject to specific time limitations as outlined in MPEP 2281:

  • The duration of an interview should not exceed one hour.
  • Only one interview may be requested after an Office action and prior to filing the response to that action.
  • Interviews for discussing patentability are not permitted prior to the first Office action following the order for reexamination.

The MPEP states: “The duration of the interview will not exceed one hour, unless the patent owner files a petition under 37 CFR 1.182 showing sufficient cause where more time is needed.

If a patent owner needs more time, they must file a petition showing sufficient cause. Additional interviews or extended durations may be granted at the examiner’s discretion or with a showing of good cause, considering the requirement for “special dispatch” in reexamination proceedings.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2281 - Interviews In Ex Parte Reexamination Proceedings, Patent Law, Patent Procedure
Tags: ex parte reexamination, Interview Duration, patent interviews, USPTO procedures