Can the USPTO make telephone calls 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.

The USPTO may, in its sole discretion, make limited telephone calls during inter partes reexamination proceedings. According to MPEP 2685, “The Office may, in its sole discretion, telephone a party as to matters of completing or correcting the record of a file, where the subject matter discussed does not go to the merits of the reexamination proceeding.” These calls are typically made by paralegals or Legal Instruments Examiners, not by examiners or employees who address the merits of the proceeding. The calls are limited to procedural matters such as confirming receipt of timely responses or obtaining missing documents.