Can interviews be conducted after the expiration of the shortened statutory period?
Yes, interviews can be conducted after the expiration of the shortened statutory period (SSP) for reply to a final Office action, but there are specific conditions:
According to MPEP 706.07(f), “Interviews may be conducted after the expiration of the shortened statutory period for reply to a final Office action but within the 6-month statutory period for reply without the payment of an extension fee.”
This provision allows for flexibility in communication between the examiner and the applicant, even after the initial reply period has expired. However, it’s important to note that while the interview can be conducted without an extension fee, any written reply to the final Office action would still require an appropriate extension of time and fee if filed after the SSP.
Applicants should also be aware that the 6-month statutory limit still applies, as stated earlier in the section: “In no event can the statutory period for reply expire later than 6 months from the mailing date of the final rejection.”
To learn more: