Can a patent applicant attend an interview with the USPTO without their practitioner?

Can a patent applicant attend an interview with the USPTO without their practitioner?

While it is generally recommended that a patent practitioner represents the applicant during USPTO interviews, there are circumstances where an applicant may attend without their practitioner. MPEP 408 states:

‘A registered practitioner, not of record, may accompany a registered practitioner of record to attend an interview of an application in which the registered practitioner is not of record. The registered practitioner not of record may not participate in the interview of the application except as authorized by the patent applicant.’

This implies that while the primary responsibility lies with the practitioner of record, applicants have some flexibility in who attends the interview. However, it’s important to note that without proper representation, applicants may miss out on valuable legal insights and negotiation opportunities during the interview process.

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