MPEP § 713 — Interviews (Annotated Rules)

§713 Interviews

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 713, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Interviews

This section addresses Interviews. Contains: 1 requirement, 3 guidance statements, 1 permission, and 5 other statements.

Key Rules

Topic

35 U.S.C. 101 – Patent Eligibility

6 rules
MPEP GuidanceInformativeAlways
[mpep-713-b9f7b8ed2c0d714de40f2f3b]
Interviews to Advance Patent Prosecution
Note:
Discussions between applicants and examiners are often necessary to advance the prosecution of a patent application by improving mutual understanding of specific issues.

Discussions between an applicant and an examiner are often indispensable to advance the prosecution of a patent application. Generally, interviews that improve the mutual understanding of specific issues in an application should be promoted. Properly conducted, an interview can bridge the gap between an examiner and an applicant with regard to the substantive matters at issue in an application. Interviews often help to advance prosecution and identify patentable subject matter. The applicant and the examiner should consider the advantages of conducting an interview to advance the prosecution of a particular patent application. Positions presented during an interview should be advanced with decorum and courtesy.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceRecommendedAlways
[mpep-713-7c457a8090b27df123f272a1]
Interviews to Clarify Application Issues Recommended
Note:
Examiners and applicants should conduct interviews to enhance mutual understanding of specific issues in a patent application, which can help advance prosecution.

Discussions between an applicant and an examiner are often indispensable to advance the prosecution of a patent application. Generally, interviews that improve the mutual understanding of specific issues in an application should be promoted. Properly conducted, an interview can bridge the gap between an examiner and an applicant with regard to the substantive matters at issue in an application. Interviews often help to advance prosecution and identify patentable subject matter. The applicant and the examiner should consider the advantages of conducting an interview to advance the prosecution of a particular patent application. Positions presented during an interview should be advanced with decorum and courtesy.

Jump to MPEP SourcePatent Eligibility
MPEP GuidancePermittedAlways
[mpep-713-c068e3d6e5775f27776c37b7]
Interview to Bridge Examiner-Applicant Gap
Note:
An interview should be conducted properly to enhance mutual understanding of substantive issues in a patent application.

Discussions between an applicant and an examiner are often indispensable to advance the prosecution of a patent application. Generally, interviews that improve the mutual understanding of specific issues in an application should be promoted. Properly conducted, an interview can bridge the gap between an examiner and an applicant with regard to the substantive matters at issue in an application. Interviews often help to advance prosecution and identify patentable subject matter. The applicant and the examiner should consider the advantages of conducting an interview to advance the prosecution of a particular patent application. Positions presented during an interview should be advanced with decorum and courtesy.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceInformativeAlways
[mpep-713-bc08f2ccb9fd7a53b192c9a3]
Interviews Help Advance Patent Prosecution and Identify Patentable Subject Matter
Note:
Discussions between applicants and examiners can improve mutual understanding and advance the prosecution of a patent application, helping to identify patentable subject matter.

Discussions between an applicant and an examiner are often indispensable to advance the prosecution of a patent application. Generally, interviews that improve the mutual understanding of specific issues in an application should be promoted. Properly conducted, an interview can bridge the gap between an examiner and an applicant with regard to the substantive matters at issue in an application. Interviews often help to advance prosecution and identify patentable subject matter. The applicant and the examiner should consider the advantages of conducting an interview to advance the prosecution of a particular patent application. Positions presented during an interview should be advanced with decorum and courtesy.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceRecommendedAlways
[mpep-713-e63c5d1fbe5e3e3628a99759]
Interview to Advance Patent Prosecution Recommended
Note:
The applicant and examiner should consider conducting interviews to improve mutual understanding and advance the prosecution of a patent application.

Discussions between an applicant and an examiner are often indispensable to advance the prosecution of a patent application. Generally, interviews that improve the mutual understanding of specific issues in an application should be promoted. Properly conducted, an interview can bridge the gap between an examiner and an applicant with regard to the substantive matters at issue in an application. Interviews often help to advance prosecution and identify patentable subject matter. The applicant and the examiner should consider the advantages of conducting an interview to advance the prosecution of a particular patent application. Positions presented during an interview should be advanced with decorum and courtesy.

Jump to MPEP SourcePatent Eligibility
MPEP GuidanceRecommendedAlways
[mpep-713-aa3119b3c977d7a91839f162]
Positions Presented During Interviews Should Be Advanced with Decorum and Courtesy
Note:
This rule requires that positions presented during interviews to advance patent application prosecution be done so in a respectful and courteous manner.

Discussions between an applicant and an examiner are often indispensable to advance the prosecution of a patent application. Generally, interviews that improve the mutual understanding of specific issues in an application should be promoted. Properly conducted, an interview can bridge the gap between an examiner and an applicant with regard to the substantive matters at issue in an application. Interviews often help to advance prosecution and identify patentable subject matter. The applicant and the examiner should consider the advantages of conducting an interview to advance the prosecution of a particular patent application. Positions presented during an interview should be advanced with decorum and courtesy.

Jump to MPEP SourcePatent Eligibility
Topic

Practitioner Recognition and Conduct

4 rules
MPEP GuidanceInformativeAlways
[mpep-713-2338cbee4ac8cd06efcb34ac]
Interviews Must Be Recorded
Note:
All discussions between the applicant and examiner regarding a pending application's merits must be recorded, including any communications via electronic or other modes.

All discussions between the applicant/practitioner and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. This includes any and all records or communications received in connection with the interview via any communication mode. This policy and other interview tips are detailed in the Interview Best Practices document which is available at www.uspto.gov/InterviewPractice. Where an electronic record is created as part of the interview, e.g., a series of electronic messages, a copy of the electronic record is to be made of record in the application. Where an electronic record is not created, a summary of the interview must be made of record.

Jump to MPEP SourcePractitioner Recognition and Conduct
MPEP GuidanceInformativeAlways
[mpep-713-9ac3aecaf55f45b2651393be]
Interview Records Must Be Made of Record
Note:
All communications between applicants/practitioners and examiners regarding pending applications must be recorded, either through a summary or an electronic record.

All discussions between the applicant/practitioner and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. This includes any and all records or communications received in connection with the interview via any communication mode. This policy and other interview tips are detailed in the Interview Best Practices document which is available at www.uspto.gov/InterviewPractice. Where an electronic record is created as part of the interview, e.g., a series of electronic messages, a copy of the electronic record is to be made of record in the application. Where an electronic record is not created, a summary of the interview must be made of record.

Jump to MPEP SourcePractitioner Recognition and Conduct
MPEP GuidanceInformativeAlways
[mpep-713-739d1ab48da9d50143e71632]
Interview Electronic Records Must Be Recorded
Note:
Where an electronic record is created during the interview, a copy must be made of record in the application.

All discussions between the applicant/practitioner and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. This includes any and all records or communications received in connection with the interview via any communication mode. This policy and other interview tips are detailed in the Interview Best Practices document which is available at www.uspto.gov/InterviewPractice. Where an electronic record is created as part of the interview, e.g., a series of electronic messages, a copy of the electronic record is to be made of record in the application. Where an electronic record is not created, a summary of the interview must be made of record.

Jump to MPEP SourcePractitioner Recognition and Conduct
MPEP GuidanceRequiredAlways
[mpep-713-366ce3030c96fdd7df5ba8c4]
Summary of Interview Where No Electronic Record Exists
Note:
A summary must be recorded when an electronic record is not created during the interview between the applicant and examiner.

All discussions between the applicant/practitioner and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. This includes any and all records or communications received in connection with the interview via any communication mode. This policy and other interview tips are detailed in the Interview Best Practices document which is available at www.uspto.gov/InterviewPractice. Where an electronic record is created as part of the interview, e.g., a series of electronic messages, a copy of the electronic record is to be made of record in the application. Where an electronic record is not created, a summary of the interview must be made of record.

Jump to MPEP SourcePractitioner Recognition and Conduct

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31