What is the Pre-Appeal Brief Conference Pilot Program?
The Pre-Appeal Brief Conference Pilot Program is an initiative by the USPTO that allows applicants to request a review of the application prior to filing a full appeal brief. This program has specific rules regarding interviews: “As indicated in the notice “Pre-Appeal Brief Conference Pilot Program,” 1296 OG 76 (July 12, 2005), no interviews will…
Read MoreAre interviews allowed after an examiner’s answer is mailed?
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…
Read MoreWhat is the appeal forwarding fee and how does it affect interviews?
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…
Read MoreCan patent examiners conduct interviews at any time during prosecution?
Can patent examiners conduct interviews at any time during prosecution? While interviews can be beneficial at various stages of patent prosecution, there are some restrictions on when they can be conducted. MPEP 713.01 provides guidance: ‘Interviews that are solely for the purpose of sounding out the examiner, as by a local attorney acting for an…
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