How should examiners handle interview requests from practitioners not of record?
When handling interview requests from practitioners not of record, examiners should follow these guidelines:
- Verify the requester’s authority to conduct the interview.
- Ensure the practitioner of record has authorized the interview.
- If authorization is not provided, decline the interview request.
The MPEP 408 states: ‘Interviews with practitioners not of record should be conducted only with the consent of the practitioner of record.’ It further advises: ‘An examiner should not conduct an interview with an attorney or agent who is not of record unless the attorney or agent presents either a power of attorney or a letter signed by the attorney or agent of record authorizing the interview.’
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Topics:
MPEP 400 - Representative of Applicant or Owner,
MPEP 408 - Interviews With Patent Practitioner of Record,
Patent Law,
Patent Procedure