Are 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 in Office actions or the like

The MPEP states: Discussions regarding only procedural matters, directed solely to restriction requirements for which interview recordation is otherwise provided for in MPEP § 812.01, or pointing out typographical errors in Office actions or the like, are excluded from the interview recordation procedures.

However, it’s important to note that any substantive discussions related to the patentability of the application, including discussions about prior art, claim amendments, or arguments for patentability, should be properly recorded as part of the interview summary.

To learn more:

• patent interview recordation
• excluded discussions
• MPEP 713.04
• procedural matters

To learn more:

• MPEP 713.04