Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 400 - Representative of Applicant or Owner (4)
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.
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
When an applicant is initiating an interview request, they should submit an ‘Applicant Initiated Interview Request’ form (PTOL-413A) to the examiner. The MPEP provides the following guidance:
When applicant is initiating a request for an interview, an ‘Applicant Initiated Interview Request’ form (PTOL-413A) should be submitted to the examiner prior to the interview in order to permit the examiner to prepare in advance for the interview and to focus on the issues to be discussed.
This form helps streamline the interview process by providing the examiner with essential information about the proposed interview.
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 (2)
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
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 (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.
When an applicant is initiating an interview request, they should submit an ‘Applicant Initiated Interview Request’ form (PTOL-413A) to the examiner. The MPEP provides the following guidance:
When applicant is initiating a request for an interview, an ‘Applicant Initiated Interview Request’ form (PTOL-413A) should be submitted to the examiner prior to the interview in order to permit the examiner to prepare in advance for the interview and to focus on the issues to be discussed.
This form helps streamline the interview process by providing the examiner with essential information about the proposed interview.
Patent Law (4)
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.
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
When an applicant is initiating an interview request, they should submit an ‘Applicant Initiated Interview Request’ form (PTOL-413A) to the examiner. The MPEP provides the following guidance:
When applicant is initiating a request for an interview, an ‘Applicant Initiated Interview Request’ form (PTOL-413A) should be submitted to the examiner prior to the interview in order to permit the examiner to prepare in advance for the interview and to focus on the issues to be discussed.
This form helps streamline the interview process by providing the examiner with essential information about the proposed interview.
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 (4)
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.
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
When an applicant is initiating an interview request, they should submit an ‘Applicant Initiated Interview Request’ form (PTOL-413A) to the examiner. The MPEP provides the following guidance:
When applicant is initiating a request for an interview, an ‘Applicant Initiated Interview Request’ form (PTOL-413A) should be submitted to the examiner prior to the interview in order to permit the examiner to prepare in advance for the interview and to focus on the issues to be discussed.
This form helps streamline the interview process by providing the examiner with essential information about the proposed interview.
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’.