Can patent examiners conduct interviews at any time during prosecution?
Can patent examiners conduct interviews at any time during prosecution?
While interviews can be beneficial at various stages of patent prosecution, there are some restrictions on when they can be conducted. MPEP 713.01 provides guidance:
‘Interviews that are solely for the purpose of sounding out the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent that any agreement that would be reached is conditional upon being satisfactory to the principal attorney.’
Additionally:
- Interviews are generally not permitted before the first Office action in a new application
- Interviews should not be used to circumvent normal prosecution procedures
- The examiner may deny an interview if they believe it would not be productive
It’s important for applicants to have a clear purpose for requesting an interview and to be prepared to discuss substantive matters related to the application.
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