Can examiners conduct interviews after a final Office action?
Can examiners conduct interviews after a final Office action?
Yes, examiners can conduct interviews after a final Office action, but there are specific guidelines and limitations. According to the MPEP:
“Interviews merely to restate arguments of record or to discuss new limitations which would require more than nominal reconsideration or new search should be denied.” (MPEP 713.09)
Here are key points to consider:
- Examiner’s discretion: The examiner has the authority to grant or deny an interview after final rejection.
- Purpose limitations: Interviews should focus on:
- Clarifying positions
- Agreeing on a course of action
- Resolving outstanding issues
- New search or extensive consideration: If proposed amendments would require more than nominal reconsideration or a new search, the interview may be denied.
- Time constraints: Interviews are typically not granted in the last week before a final Office action expires.
Applicants should be prepared to discuss specific, productive matters that could lead to allowance or advance prosecution when requesting a post-final interview.
To learn more: