What should I prepare for a patent interview with an examiner?
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.
To prepare for a patent interview with an examiner, consider the following:
- Be fully prepared to discuss issues raised in the Office action.
- Submit an agenda indicating issues you want to discuss.
- Prepare a proposed amendment or argument in writing.
- Familiarize yourself with the status and existing issues in the application.
- Be prepared to keep the interview within a reasonable time frame (usually 30 minutes).
The MPEP advises: “It is desirable that the attorney, agent, or applicant submit an agenda which indicates in advance what issues they desire to discuss at the interview by submitting, in writing, a proposed amendment or argument. This would permit the examiner to prepare in advance for the interview and to focus on the matters set forth in the proposed amendment.”