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.
Yes, a patent examiner can conduct an interview with an inventor who is not represented by a patent practitioner, but there are specific guidelines to follow. According to MPEP 713.05:
“Interviews of a pro se inventor or assignee may be granted. However, an interview with an inventor who is not prosecuting the application as a pro se applicant (i.e., where there is an applicant who is being represented by a registered practitioner) should not be conducted without the practitioner being present.”
This means that if you’re the inventor and are handling your own patent application (pro se), you can have an interview with the examiner. However, if you have appointed a registered patent attorney or agent to represent you, they should be present during any interviews.