MPEP § 713.02 — Interviews Prior to First Official Action (Annotated Rules)
§713.02 Interviews Prior to First Official Action
This page consolidates and annotates all enforceable requirements under MPEP § 713.02, 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 Prior to First Official Action
This section addresses Interviews Prior to First Official Action. Primary authority: 37 CFR 1.133(a). Contains: 1 guidance statement, 1 permission, and 1 other statement.
Key Rules
First Action on Merits (FAOM)
A request for an interview prior to the first Office action is ordinarily granted in continuing or substitute applications. In all other applications, an interview before the first Office action is encouraged where the examiner determines that such an interview would advance prosecution of the application. Thus, the examiner may require that an applicant requesting an interview before the first Office action provide a paper that includes a general statement of the state of the art at the time of the invention, an identification of no more than three (3) references believed to be the “closest” prior art, and an explanation as to how the broadest claim distinguishes over such references. See 37 CFR 1.133(a). Applicants seeking prioritized examination should be prepared to participate in an interview with the examiner. See MPEP § 708.02(b).
A request for an interview prior to the first Office action is ordinarily granted in continuing or substitute applications. In all other applications, an interview before the first Office action is encouraged where the examiner determines that such an interview would advance prosecution of the application. Thus, the examiner may require that an applicant requesting an interview before the first Office action provide a paper that includes a general statement of the state of the art at the time of the invention, an identification of no more than three (3) references believed to be the “closest” prior art, and an explanation as to how the broadest claim distinguishes over such references. See 37 CFR 1.133(a). Applicants seeking prioritized examination should be prepared to participate in an interview with the examiner. See MPEP § 708.02(b).
Track One Prioritized
A request for an interview prior to the first Office action is ordinarily granted in continuing or substitute applications. In all other applications, an interview before the first Office action is encouraged where the examiner determines that such an interview would advance prosecution of the application. Thus, the examiner may require that an applicant requesting an interview before the first Office action provide a paper that includes a general statement of the state of the art at the time of the invention, an identification of no more than three (3) references believed to be the “closest” prior art, and an explanation as to how the broadest claim distinguishes over such references. See 37 CFR 1.133(a). Applicants seeking prioritized examination should be prepared to participate in an interview with the examiner. See MPEP § 708.02(b).
Citations
| Primary topic | Citation |
|---|---|
| First Action on Merits (FAOM) Track One Prioritized | 37 CFR § 1.133(a) |
| First Action on Merits (FAOM) Track One Prioritized | MPEP § 708.02(b) |
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.
Official MPEP § 713.02 — Interviews Prior to First Official Action
Source: USPTO713.02 Interviews Prior to First Official Action [R-07.2022]
A request for an interview prior to the first Office action is ordinarily granted in continuing or substitute applications. In all other applications, an interview before the first Office action is encouraged where the examiner determines that such an interview would advance prosecution of the application. Thus, the examiner may require that an applicant requesting an interview before the first Office action provide a paper that includes a general statement of the state of the art at the time of the invention, an identification of no more than three (3) references believed to be the “closest” prior art, and an explanation as to how the broadest claim distinguishes over such references. See 37 CFR 1.133(a). Applicants seeking prioritized examination should be prepared to participate in an interview with the examiner. See MPEP § 708.02(b).
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