How are interviews handled in reexamination proceedings according to MPEP 713.05?
Interviews in reexamination proceedings are subject to specific rules as outlined in MPEP 713.05. The manual states:
“Interviews are permitted in ex parte reexamination proceedings. In inter partes reexamination proceedings, interviews are prohibited before issuance of an Action Closing Prosecution (ACP). After an ACP has been issued, in-person interviews between examiner and the owners of the patent and their attorneys and agents are permitted under limited circumstances.”
This guidance can be broken down as follows:
- Ex Parte Reexamination: Interviews are generally allowed throughout the proceeding.
- Inter Partes Reexamination:
- Interviews are prohibited before the issuance of an Action Closing Prosecution (ACP).
- After ACP issuance, in-person interviews may be conducted under limited circumstances.
- These interviews are restricted to the patent owner and their representatives.
It’s important to note that the rules for inter partes reexamination apply to proceedings filed before September 16, 2012. For post-grant proceedings filed after this date, different rules apply under the America Invents Act (AIA).
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