What constitutes a prohibited “sounding out” interview according to the MPEP?
According to MPEP 713.03, a prohibited “sounding out” interview is characterized by the following:
- The sole purpose is to gauge the examiner’s position or opinion
- Any agreement reached would be conditional upon approval by a principal attorney
- Often involves a local attorney acting on behalf of an out-of-town attorney
The MPEP 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 policy aims to ensure that interviews are substantive and that any agreements reached are binding.
To learn more: