What criteria does an examiner use to grant an interview after final rejection?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

An examiner will grant an interview after final rejection if they believe it can lead to a resolution with minimal additional consideration. According to MPEP 713.09:

Such an interview may be granted if the examiner is convinced that disposal or clarification for appeal may be accomplished with only nominal further consideration.

This means the examiner must see a clear path to either allowing the application or clarifying issues for appeal without extensive additional work.

Tags: final rejection, Interview Criteria, patent examination, patent procedure