Can interviews be conducted after an application is no longer under the examiner’s jurisdiction?

Once an application is no longer under the examiner’s jurisdiction during the appeal process, interviews are generally not permitted. However, there is a provision for exceptional circumstances:

“Requests for interviews on cases under the jurisdiction of the Board should be granted only with specific approval of the Technology Center Director upon a showing in writing of extraordinary circumstances that justify a remand from the Board to the examiner in order to conduct an interview.”

This means that:

• Interviews at this stage are extremely rare.
• A written request must be submitted showing extraordinary circumstances.
• The Technology Center Director must specifically approve the request.
• If approved, the case would be remanded from the Board to the examiner for the interview.

This strict policy helps maintain the integrity of the appeal process and ensures that the Board can review the case based on a clear and complete record.

To learn more:

• Board Jurisdiction
• Patent Appeals
• Interview Requests
• Technology Center Director
• Extraordinary Circumstances