37 CFR § 1.560 — Interviews inex partereexamination proceedings. (MPEP Index) – BlueIron IP
37 CFR § 1.560 Interviews inex partereexamination proceedings.
This page consolidates MPEP guidance interpreting 37 CFR § 1.560, including 67 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 comprehensive guidance on the permissibility and conduct of interviews during ex parte reexamination proceedings, including who can participate and how to comply with all relevant rules.
What this section covers
- Defines that interviews are permitted in ex parte reexamination proceedings and must be conducted with the examiner.
- Provides guidance on when, how, and with whom interviews can be conducted in ex parte reexamination proceedings.
Key obligations
- Interviews are permitted in ex parte reexamination proceedings and must be conducted with the examiner.
- Practitioners must ensure compliance with all relevant rules and procedures when conducting interviews.
Practice notes
- Review the specific rules and procedures for conducting interviews in ex parte reexamination proceedings.
- Avoid conducting interviews without proper authorization or following the prescribed procedures to prevent procedural errors.
Official MPEP § 1.560 — Interviews inex partereexamination proceedings.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.560 Interviews in ex parte reexamination proceedings.
- (a) Interviews in ex parte reexamination proceedings pending before the Office between examiners and the owners of such patents or their attorneys or agents of record must be conducted in the Office at such times, 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. Interviews for the discussion of the patentability of claims in patents involved in ex parte reexamination proceedings will not be conducted prior to the first official action. Interviews should be arranged in advance. Requests that reexamination requesters participate in interviews with examiners will not be granted.
- (b) In every instance of an interview with an examiner in an ex parte reexamination proceeding, a complete written statement of the reasons presented at the interview as warranting favorable action must be filed by the patent owner. An interview does not remove the necessity for response to Office actions as specified in § 1.111 . Patent owner’s response to an outstanding Office action after the interview does not remove the necessity for filing the written statement. The written statement must be filed as a separate part of a response to an Office action outstanding at the time of the interview, or as a separate paper within one month from the date of the interview, whichever is later.
[46 FR 29187, May 29, 1981, effective July 1, 1981; revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
- Abandonment
- Revival
- Allowance Quality Review
- Director Authority
- Petition Procedures
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- Reexamination Conclusion
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- Reexamination Request
- Examination Procedure
- Examiner Action
- Action Types
- First Action Interview
- Examiner Interviews
- Interview Participation
- Interview Summary
- Office Action Response
- Non Final Action
- Inter Partes Reexamination
- Inter Partes Reexam Request
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| MPEP Section | Rules |
|---|---|
| MPEP § 2249 | |
| MPEP § 2254 | |
| MPEP § 2266 | |
| MPEP § 2268 | |
| MPEP § 2281 | |
| MPEP § 2814 |