Are interviews allowed in inter partes reexamination 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 discussing the merits of inter partes reexamination proceedings are not allowed. According to MPEP 2685, “Pursuant to 37 CFR 1.955, an interview which discusses the merits of a proceeding will not be permitted in inter partes reexamination proceedings.” This prohibition applies to both inter partes interviews and separate ex parte interviews with either the patent owner or the third party requester.
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2685 - No Interviews On Merits In Inter Partes Reexamination Proceedings
Patent Law
Patent Procedure