What is the significance of the examiner’s annotation ‘Interview record OK’ on interview documents?
The annotation ‘Interview record OK’ by an examiner on interview documents is a significant indication in the patent examination process. According to MPEP 713.04: If the record is complete and accurate, the examiner should electronically annotate the record with the indication ‘Interview record OK’ on the paper recording the substance of the interview. This annotation…
Read MoreHow should the substance of an interview conducted via electronic mail be recorded?
For interviews conducted via electronic mail, MPEP 713.04 provides specific guidance on how to record the substance of the interview. The key requirement is: In the case of an interview via electronic mail, a copy of the contents exchanged over the Internet MUST be made and placed in the patent application file as required by…
Read MoreWhat information should be included in a complete and proper interview summary?
According to MPEP 713.04, a complete and proper recordation of the substance of any interview should include at least the following applicable items: A brief description of any exhibit shown or demonstration conducted Identification of the claims discussed Identification of specific prior art discussed Identification of the principal proposed amendments of a substantive nature discussed…
Read MoreWhat is the requirement for recording the substance of an interview?
The Manual of Patent Examining Procedure (MPEP) requires that a complete written statement as to the substance of any interview must be made of record in the application, regardless of whether an agreement with the examiner was reached. This requirement is stated in MPEP 713.04, which cites 37 CFR 1.133(b): In every instance where reconsideration…
Read MoreAre all discussions during a patent interview required to be recorded?
Not all discussions during a patent interview are required to be recorded. MPEP 713.04 specifies certain types of discussions that are excluded from the interview recordation procedures: Discussions regarding only procedural matters Discussions directed solely to restriction requirements for which interview recordation is otherwise provided for in MPEP § 812.01 Discussions pointing out typographical errors…
Read MoreHow should examiners record the substance of an interview?
Examiners have specific guidelines for recording the substance of patent interviews, as outlined in MPEP 713.04: Use an Interview Summary form (PTOL-413/413b) to record the substance of an interview. Begin completing the form in advance by identifying rejections, claims, and prior art documents to be discussed. Complete the “Issues Discussed” portion at the conclusion of…
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