How are interviews conducted in ex parte reexamination proceedings?

Interviews in ex parte reexamination proceedings are conducted under specific guidelines. The MPEP 2254 states:

Interviews are permitted in an ex parte reexamination proceeding. In the ex parte reexamination proceeding, only ex parte interviews between the examiner and patent owner and/or the patent owner’s representative are permitted. Interviews between the examiner and the third party requester and/or the third party requester’s representative are not permitted.”

This means that:

  • Interviews are allowed between the examiner and the patent owner or their representative.
  • Third-party requesters are not permitted to participate in these interviews.
  • The purpose of these interviews is to discuss issues related to the reexamination proceeding and potentially resolve any outstanding matters.

It’s important to note that these interviews must be conducted in accordance with the USPTO’s interview guidelines and properly documented in the reexamination file.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings, Patent Law, Patent Procedure
Tags: ex parte reexamination, examiner, Interviews, patent owner, USPTO procedure