Patent Law FAQ

Patent owners should follow these steps to prepare for an interview in an ex parte reexamination proceeding, as outlined in MPEP 2281:

1. Contact the examiner to indicate the issues to be discussed and determine if an interview will be granted.
2. If granted, file the following at least three working days prior to the interview:
   • An informal written statement of the issues to be discussed
   • An informal copy of any proposed claims to be discussed
3. Submit these materials by fax directly to the examiner or hand-deliver them to avoid delays.

The MPEP states: “If the examiner agrees to grant the interview, the patent owner must file, at least three (3) working days prior to the interview, an informal written statement of the issues to be discussed at the interview, and an informal copy of any proposed claims to be discussed, unless examiner waives this requirement.“

These preparatory steps are designed to provide structure to the interview and facilitate the statutory mandate for special dispatch in reexamination proceedings.

To learn more:

• ex parte reexamination
• patent interviews
• interview preparation
• USPTO procedures