How should examiners document interview discussions in patent applications?

How should examiners document interview discussions in patent applications?

Examiners are required to document interview discussions in patent applications to ensure a complete and accurate record. According to MPEP 713.04:

“A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the application whether or not an agreement with the examiner was reached at the interview.”

This documentation should include:

  • The identification of the persons present at the interview
  • A brief description of the nature of the discussion
  • Any agreement reached during the interview
  • A brief description of any exhibits shown or demonstrations conducted

Examiners typically use an Interview Summary form (PTOL-413) to record this information, which becomes part of the official patent application file.

To learn more:

Tags: interview documentation, patent application