How should examiners handle improper requests for interviews in patent applications?
How should examiners handle improper requests for interviews in patent applications?
Examiners must handle improper requests for interviews in patent applications according to specific guidelines. The MPEP 713.01 states:
“An interview should not be granted in the following situations: (A) Prior to the first Office action, except when permitted by supervisory personnel for an applicant who is unfamiliar with Office procedure; (B) After final rejection unless the examiner is convinced that disposal or clarification for appeal may be accomplished with only nominal further consideration.”
When faced with an improper interview request, examiners should:
- Politely decline the request if it’s before the first Office action
- Consider granting the interview after final rejection only if it will significantly advance the application
- Explain the reason for declining and suggest appropriate alternatives
- Document the improper request and the response in the application file
By following these guidelines, examiners ensure fairness and efficiency in the patent examination process.
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