Are interviews permitted during inter partes reexamination proceedings?

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.

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.