Are interviews permitted during inter partes reexamination proceedings?
No, interviews are not permitted during inter partes reexamination proceedings. This restriction affects how examiner’s amendments are made in conjunction with a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC).
The MPEP explicitly states: Interviews are not permitted in an inter partes reexamination proceeding (see MPEP § 2685). Thus, the examiner is not permitted to telephone the patent owner to obtain authorization to make an amendment.
As a result, examiner’s amendments in inter partes reexamination can only be made without patent owner authorization, and must be included as a formal examiner’s amendment accompanying the NIRC.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2687 - Notice Of Intent To Issue Inter Partes Reexamination Certificate (Nirc) And Conclusion Of Reexamination Proceeding,
Patent Law,
Patent Procedure