How should applicants prepare for a patent examiner interview?

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.

Proper preparation is crucial for a successful patent examiner interview. The MPEP provides guidance on this topic:

“The attorney or agent should be fully prepared to discuss the issues raised in the Office action.” (MPEP 713.01)

To prepare effectively:

• Review the Office action: Thoroughly understand the rejections and objections raised by the examiner.
• Prepare arguments: Develop clear, concise arguments addressing each point in the Office action.
• Consider amendments: If proposing claim amendments, have them ready in proper form.
• Gather evidence: Compile any relevant prior art, declarations, or other supporting documents.
• Set clear goals: Determine what you hope to achieve in the interview (e.g., agreement on allowable subject matter, clarification of a rejection).
• Prepare an agenda: Outline the topics you wish to discuss to keep the interview focused and productive.
• Schedule appropriately: Allow enough time for a thorough discussion and follow proper USPTO procedures for scheduling.

By being well-prepared, applicants can make the most of the interview opportunity and potentially advance prosecution more efficiently.