Can third-party requesters participate in ex parte reexamination interviews?
No, third-party requesters are not permitted to participate in ex parte reexamination interviews. MPEP 2281 clearly states: “Requests that reexamination requesters participate in interviews with examiners will not be granted.“ This restriction is in place to maintain the ex parte nature of the reexamination proceedings. Only the patent owner and/or their representative can participate in…
Read MoreHow should patent owners prepare for an interview in an ex parte reexamination proceeding?
Patent owners should follow these steps to prepare for an interview in an ex parte reexamination proceeding, as outlined in MPEP 2281: Contact the examiner to indicate the issues to be discussed and determine if an interview will be granted. If granted, file the following at least three working days prior to the interview: An…
Read MoreWhat are the time limitations for interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific time limitations as outlined in MPEP 2281: The duration of an interview should not exceed one hour. Only one interview may be requested after an Office action and prior to filing the response to that action. Interviews for discussing patentability are not permitted prior to…
Read MoreWhat are the rules for conducting interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific rules as outlined in MPEP 2281: Interviews must be conducted in the Office during designated hours. Only the patent owner and/or their representative can participate; third-party requesters are not permitted. Interviews for discussing patentability are not allowed before the first official action. Interviews should be…
Read MoreHow should patent owners document interviews in ex parte reexamination proceedings?
Patent owners are required to document interviews in ex parte reexamination proceedings as follows: A complete written statement of the reasons presented at the interview must be filed. The statement should explain why the interview warrants favorable action. It must be filed either as a separate paper within one month of the interview or as…
Read MoreCan a local attorney conduct an interview on behalf of an out-of-town attorney?
While it’s not explicitly prohibited, the MPEP discourages interviews conducted by local attorneys on behalf of out-of-town attorneys if the purpose is solely to “sound out” the examiner. MPEP 713.03 states: “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…
Read MoreWhat are the limitations on interviews prior to first Office action in patent applications?
While interviews prior to the first Office action can be beneficial, there are certain limitations and considerations: Interviews solely to ‘sound out’ the examiner are not permitted The examiner may require the applicant to provide a written statement of the substance of the interview Complex technical subject matter may require a formal Office action before…
Read MoreHow can I schedule an interview with a patent examiner?
To schedule an interview with a patent examiner, you can follow these steps: Use the USPTO’s Automated Interview Request (AIR) Form at www.uspto.gov/patent/uspto-automated-interview-request-air-form.html (recommended). Alternatively, contact the examiner by letter, facsimile, electronic mail, telephone, or using the “Applicant Initiated Interview Request” form (PTOL-413A). Provide the following information: Participants of the interview Proposed date of the…
Read MoreHow can a patent applicant request an interview before the first Office action?
To request an interview before the first Office action, a patent applicant should follow these steps: File a properly executed written authorization of internet communications (e.g., Form PTO/SB/439) Submit an Applicant Initiated Interview Request Form (PTOL-413A) Include a brief description of the issues to be discussed Wait for the examiner’s response to schedule the interview…
Read MoreWhat should I prepare for a patent interview with an examiner?
To prepare for a patent interview with an examiner, consider the following: Be fully prepared to discuss issues raised in the Office action. Submit an agenda indicating issues you want to discuss. Prepare a proposed amendment or argument in writing. Familiarize yourself with the status and existing issues in the application. Be prepared to keep…
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