Can video conferencing tools be used for examiner interviews in patent applications?
Yes, video conferencing tools can be used for examiner interviews in patent applications, but there are specific requirements. According to MPEP 502.03:
‘USPTO video conferencing tools may be used to conduct examiner interviews in both published and unpublished applications under the Patent Internet Usage Policy.’
However, several conditions must be met:
- Authorization by the practitioner is required prior to sending a meeting invite.
- All video conferencing communications must be hosted by USPTO personnel.
- Interviews must originate from USPTO links provided by the examiner.
- Links from non-USPTO video conferencing tools are not acceptable.
The MPEP also states:
‘The practitioner’s participation in the interview is considered consent to the use of the video conferencing tool for the interview.’
It’s important to note that personal devices or non-USPTO tools cannot be used by USPTO employees for official communications.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure