Are interviews permitted during inter partes reexamination proceedings?
No, interviews are not permitted during inter partes reexamination proceedings. This restriction affects how examiner’s amendments are made in conjunction with a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC).
The MPEP explicitly states: Interviews are not permitted in an inter partes reexamination proceeding (see MPEP ยง 2685). Thus, the examiner is not permitted to telephone the patent owner to obtain authorization to make an amendment.
As a result, examiner’s amendments in inter partes reexamination can only be made without patent owner authorization, and must be included as a formal examiner’s amendment accompanying the NIRC.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2687 - Notice Of Intent To Issue Inter Partes Reexamination Certificate (Nirc) And Conclusion Of Reexamination Proceeding,
Patent Law,
Patent Procedure