Are there restrictions on patent examiner interviews during appeal or interference proceedings?
Yes, there are specific restrictions on patent examiner interviews during appeal or interference proceedings. The MPEP 713.05 provides clear guidance on this matter:
“Interviews during pendency of Board appeals and interferences are generally prohibited, except as permitted under 37 CFR 41.20(b).”
This means that once an appeal has been filed with the Patent Trial and Appeal Board (PTAB) or an interference proceeding has been declared, interviews are generally not allowed. However, there are exceptions:
- Interviews may be conducted to discuss the institution of a new ground of rejection by an examiner’s answer.
- Interviews may be permitted to discuss the dismissal of an appeal for a reason other than new grounds of rejection made in an examiner’s answer.
It’s important to note that any such interviews must comply with the regulations set forth in 37 CFR 41.20(b).
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