Can a local attorney conduct an interview on behalf of an out-of-town attorney?

While it’s not explicitly prohibited, the MPEP discourages interviews conducted by local attorneys on behalf of out-of-town attorneys if the purpose is solely to “sound out” the examiner. MPEP 713.03 states:

“Interviews that are solely for the purpose of ‘sounding out’ the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent that any agreement that would be reached is conditional upon being satisfactory to the principal attorney.”

This guideline aims to ensure that interviews are productive and that any agreements reached during the interview are binding and not subject to later approval by the principal attorney.

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Tags: local attorneys, out-of-town attorneys, patent interviews, USPTO Guidelines