Why are interviews prohibited in supplemental examination proceedings?
Interviews are prohibited in supplemental examination proceedings to ensure efficient processing within the statutory timeframe. The MPEP explains: “This requirement will assist the Office to process the request for supplemental examination within the three-month statutory period.” The prohibition on interviews helps streamline the supplemental examination process, allowing the USPTO to complete its review within the…
Read MoreAre interviews allowed during supplemental examination proceedings?
No, interviews are strictly prohibited during supplemental examination proceedings. This is clearly stated in 37 CFR 1.620(e): “Interviews are prohibited in a supplemental examination proceeding.” The MPEP explains that this prohibition is in place to help the Office process supplemental examination requests within the statutory three-month period. Any request for an interview filed during a…
Read MoreAre interviews allowed in ex parte reexamination resulting from supplemental examination?
Yes, interviews are generally permitted in ex parte reexamination proceedings that result from a supplemental examination. The MPEP states: “Interviews conducted in connection with any ex parte reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding are governed by the regulations governing ex parte reexamination proceedings.” This means that while…
Read MoreWhat happens if I request an interview during supplemental examination?
If you request an interview during a supplemental examination proceeding, your request will be considered unauthorized and will not be granted. The MPEP states: “Any paper requesting an interview that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” This means that even…
Read MoreCan I call the USPTO about my supplemental examination request?
Yes, you can call the USPTO about your supplemental examination request, but with limitations. The MPEP clarifies: “A telephone call to the Office to confirm receipt of a request for supplemental examination, or to discuss general procedural questions, is not considered to be an interview for the purposes of this provision.” This means you can…
Read More