Are interviews allowed during supplemental examination proceedings?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, interviews are strictly prohibited during supplemental examination proceedings. This is clearly stated in 37 CFR 1.620(e): “Interviews are prohibited in a supplemental examination proceeding.”
The MPEP explains that this prohibition is in place to help the Office process supplemental examination requests within the statutory three-month period. Any request for an interview filed during a supplemental examination is considered unauthorized and will be removed from the file if accidentally entered.
Topics:
MPEP 2800 - Supplemental Examination
MPEP 2814 - Interviews Are Prohibited
Patent Law
Patent Procedure