Are there any restrictions on the timing of interviews in ex parte reexamination?

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.

Yes, there are specific restrictions on the timing of interviews in ex parte reexamination proceedings. The MPEP 2281 states:

“Interviews prior to the first Office action in ex parte reexamination proceedings are prohibited.“

This restriction is in place to ensure that:

• The examiner has had a chance to review the case and form initial opinions
• The patent owner has an opportunity to review and respond to the first Office action
• The process maintains its ex parte nature and fairness

After the first Office action, interviews may be conducted according to normal examination procedures, but always with the goal of expediting the proceeding and providing a complete record.