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Are interviews allowed after an examiner’s answer is mailed?

By russ.krajec@blueironip.com | September 27, 2024

Generally, interviews are not permitted after an examiner’s answer is mailed and before the appeal forwarding fee is paid. The MPEP states: “While appellants may desire an interview after mailing of an examiner’s answer and prior to payment of this fee, interviews during this time period are likely to confuse the record on appeal and…

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What is the appeal forwarding fee and how does it affect interviews?

By russ.krajec@blueironip.com | September 27, 2024

The appeal forwarding fee is a fee introduced by the USPTO that must be paid to forward an appeal to the Patent Trial and Appeal Board (PTAB) after the examiner’s answer has been mailed. This fee was established on March 19, 2013, as stated in the MPEP: “Effective March 19, 2013, 37 CFR 41.20(b)(4) sets…

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