Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

c Expand All C Collapse All

MPEP 400 - Representative of Applicant or Owner (2)

The Applicant Initiated Interview Request form (PTOL-413A) should include specific information to facilitate the interview process. According to MPEP 408:

This form should identify the participants of the interview, the proposed date of the interview, whether the interview will be personal, telephonic, or video conference, and should include a brief description of the issues to be discussed.

Providing this information helps the examiner prepare adequately for the interview and ensures that all necessary parties are involved in the discussion of relevant issues.

Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:

Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.

The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.

MPEP 405 - Interviews With Patent Practitioner Not of Record (1)

Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:

Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.

The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.

MPEP 408 - Interviews With Patent Practitioner of Record (1)

The Applicant Initiated Interview Request form (PTOL-413A) should include specific information to facilitate the interview process. According to MPEP 408:

This form should identify the participants of the interview, the proposed date of the interview, whether the interview will be personal, telephonic, or video conference, and should include a brief description of the issues to be discussed.

Providing this information helps the examiner prepare adequately for the interview and ensures that all necessary parties are involved in the discussion of relevant issues.

Patent Law (2)

The Applicant Initiated Interview Request form (PTOL-413A) should include specific information to facilitate the interview process. According to MPEP 408:

This form should identify the participants of the interview, the proposed date of the interview, whether the interview will be personal, telephonic, or video conference, and should include a brief description of the issues to be discussed.

Providing this information helps the examiner prepare adequately for the interview and ensures that all necessary parties are involved in the discussion of relevant issues.

Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:

Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.

The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.

Patent Procedure (2)

The Applicant Initiated Interview Request form (PTOL-413A) should include specific information to facilitate the interview process. According to MPEP 408:

This form should identify the participants of the interview, the proposed date of the interview, whether the interview will be personal, telephonic, or video conference, and should include a brief description of the issues to be discussed.

Providing this information helps the examiner prepare adequately for the interview and ensures that all necessary parties are involved in the discussion of relevant issues.

Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:

Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.

The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.