How should applicants prepare for a patent examiner interview?

How should applicants prepare for a patent examiner interview?

Proper preparation is crucial for a successful patent examiner interview. The MPEP provides guidance on this topic:

“The attorney or agent should be fully prepared to discuss the issues raised in the Office action.” (MPEP 713.01)

To prepare effectively:

  • Review the Office action: Thoroughly understand the rejections and objections raised by the examiner.
  • Prepare arguments: Develop clear, concise arguments addressing each point in the Office action.
  • Consider amendments: If proposing claim amendments, have them ready in proper form.
  • Gather evidence: Compile any relevant prior art, declarations, or other supporting documents.
  • Set clear goals: Determine what you hope to achieve in the interview (e.g., agreement on allowable subject matter, clarification of a rejection).
  • Prepare an agenda: Outline the topics you wish to discuss to keep the interview focused and productive.
  • Schedule appropriately: Allow enough time for a thorough discussion and follow proper USPTO procedures for scheduling.

By being well-prepared, applicants can make the most of the interview opportunity and potentially advance prosecution more efficiently.

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Tags: interview preparation, office action, Patent Examiner Interview, patent prosecution