What are the time limitations for interviews in ex parte reexamination proceedings?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Interviews in ex parte reexamination proceedings are subject to specific time limitations as outlined in MPEP 2281 : The duration of an interview should not exceed one hour. Only one interview may be requested after an Office action and prior to filing the response to that action. Interviews for discussing patentability are not permitted prior to the first Office action following the order for reexamination. The MPEP states: “ The duration of the interview will not exceed one hour, unless the patent owner files a petition under 37 CFR 1.182 showing sufficient cause where more time is needed. “ If a patent owner needs more time, they must file a petition showing sufficient cause. Additional interviews or extended durations may be granted at the examiner’s discretion or with a showing of good cause, considering the requirement for “special dispatch” in reexamination proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Interview Statement in Reexamination MPEP 2281 Prohibited Interviews Permitted in Ex Parte Reexamination Proceedings MPEP 2281 Permitted Patent Owner Must File Written Statement After Interview MPEP 2281 Patent Owner Must File Written Reasons for Favorable Action After Interview MPEP 2281 Required Ex Parte Interviews Permitted for Patent Owner MPEP 2281 Permitted Patent Owner Must File Informal Statement and Claims Before Interview MPEP 2281 Required Examination Interviews Not Permitted for Requesters MPEP 2281 Interviews Not Allowed Before First Office Action in Ex Parte Reexamination MPEP 2281 Permitted All Reexaminations Conducted with Special Dispatch MPEP 2281 Patent Owner Must File Informal Statement Before Interview MPE...