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

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.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2281 - Interviews In Ex Parte Reexamination Proceedings, Patent Law, Patent Procedure
Tags: ex parte reexamination, first office action, Interviews, Timing Restrictions