What is the MPEP’s stance on “sounding out” interviews with patent examiners?
The MPEP explicitly prohibits interviews that are solely for the purpose of “sounding out” the examiner. According to MPEP 713.03: “Interviews that are solely for the purpose of ‘sounding out’ the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent that any agreement that would…
Read MoreWhy does the USPTO prohibit “sounding out” interviews with patent examiners?
The USPTO prohibits “sounding out” interviews to ensure efficient use of examiner time and resources, and to promote substantive, binding discussions. According to MPEP 713.03: “Interviews that are solely for the purpose of ‘sounding out’ the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent…
Read MoreWhat constitutes a prohibited “sounding out” interview according to the MPEP?
According to MPEP 713.03, a prohibited “sounding out” interview is characterized by the following: The sole purpose is to gauge the examiner’s position or opinion Any agreement reached would be conditional upon approval by a principal attorney Often involves a local attorney acting on behalf of an out-of-town attorney The MPEP states: “Interviews that are…
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