Can patent examiners suggest claim amendments during interviews?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, patent examiners can suggest claim amendments during interviews. The MPEP 713.01 states: If the examiner determines that agreement can be reached with respect to the allowability of at least some claims, the examiner may suggest a possible amendment to the attorney or agent. However, it’s important to note that while examiners can suggest amendments, they should not rewrite claims for the applicant. The final responsibility for the content of the claims remains with the applicant or their representative. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner May Suggest Advancing Case During Interview of Pro Se Applicant MPEP 713.01 Recommended Positions Presented During Interviews Should Be Advanced with Decorum and Courtesy MPEP 713 Recommended Examiner May Conduct Video Interview With Applicant’s Consent MPEP 713.01 Permitted Examiner May Use Satellite Office for Interviews MPEP 713.01 Permitted No Incoming Calls During Interview Unless Emergency MPEP 713.01 Summary of Video Must Be Recorded During Interview MPEP 713.01 Required Amendment Required After Interview Agreement MPEP 713.01 Recommended Appropriate USPTO Representative May Attend On Campus Interviews MPEP 713.01 Permitted Interview Summary Must Be Given to Applicant MPEP 713.01 Recommended Interview on USPTO Campus with Remote Examiner MPEP 713.01 Permitted Other Related FAQs 5 FAQs Collapse What should be discussed in a patent examination interview? How should patent examiners prepare for interviews? Can patent examiners conduct interviews at any time during prosecution? How should patent examiners handle new issues raised during interviews? Can patent interviews be conducted via video confe...