Who can participate in interviews during ex parte 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.

Participation in interviews during ex parte reexamination proceedings is limited to specific parties. According to MPEP 2281:

“Interviews in ex parte reexamination proceedings should be conducted with the parties set forth in MPEP § 2281.01.“

This typically includes:

• The examiner
• The patent owner (if represented, then with their attorney or agent)
• The third party requester is generally not permitted to participate, as ex parte proceedings are between the USPTO and the patent owner

It’s important to note that the rules for participation are designed to maintain the ex parte nature of the proceedings and ensure fairness in the reexamination process.