37 CFR § 1.133 — Interviews. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.133 Interviews.
This page consolidates MPEP guidance interpreting 37 CFR § 1.133, including 90 rules 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.
Summary
This section provides detailed guidance on the presentation of models, exhibits, and specimens during patent interviews. It outlines key obligations and compliance requirements under 37 CFR 1.133 to ensure that these materials are handled appropriately for demonstration purposes.
What this section covers
- Defines that models and exhibits may be presented for demonstration purposes during interviews to assist in patent examination.
- Identifies the scope of guidance on how models and exhibits may be presented during interviews to assist in the examination process.
Key obligations
- States that models and exhibits may be presented for demonstration purposes during interviews to assist in the examination process.
- States that practitioners must ensure models and exhibits are relevant to the patent application being examined.
- States a key compliance obligation that practitioners must adhere to 37 CFR 1.133 for handling models, exhibits, and specimens during interviews.
Practice notes
- Practitioners should ensure models and exhibits are clearly labeled and described in the patent application to facilitate their presentation during interviews.
- Avoid presenting irrelevant or overly complex models and exhibits, which could be seen as an attempt to mislead the examiner.
Official MPEP § 1.133 — Interviews.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.133 Interviews.
- (a)
- (1) Interviews with examiners concerning applications and other matters pending before the Office must be conducted on Office premises and within Office hours, as the respective examiners may designate. Interviews will not be permitted at any other time or place without the authority of the Director.
- (2) An interview for the discussion of the patentability of a pending application will not occur before the first Office action, unless the application is a continuing or substitute application or the examiner determines that such an interview would advance prosecution of the application.
- (3) The examiner may require that an interview be scheduled in advance.
- (b) In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Office actions as specified in §§ 1.111 and 1.135 .
[Para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (a)(1) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (a)(2) revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005]
- Abandonment
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- Access Document Types
- Correspondence Address
- Director Authority
- Common Petition Types
- Petition Make Special
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- Examination Procedure
- Examiner Action
- Action Types
- Examiner Interviews
- Interview Participation
- Interview Summary
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- Reissue
- Reissue Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 1302.14 | |
| MPEP § 608.03(a) | |
| MPEP § 713.01 | |
| MPEP § 713.02 | |
| MPEP § 713.04 | |
| MPEP § 713.08 |