How should patent owners document interviews in ex parte reexamination proceedings?

Patent owners are required to document interviews in ex parte reexamination proceedings as follows:

• A complete written statement of the reasons presented at the interview must be filed.
• The statement should explain why the interview warrants favorable action.
• It must be filed either as a separate paper within one month of the interview or as part of a response to an outstanding Office action, whichever is later.

According to MPEP 2281, “In every instance of an interview with an examiner in an ex parte reexamination proceeding, a complete written statement of the reasons presented at the interview as warranting favorable action must be filed by the patent owner.” This requirement cannot be waived by the examiner, and failure to file the statement can result in termination of the reexamination prosecution.

To learn more:

• ex parte reexamination
• patent interviews
• interview documentation
• USPTO procedures