How should examiners handle interview requests from practitioners not of record?

When handling interview requests from practitioners not of record, examiners should follow these guidelines:

• Verify the requester’s authority to conduct the interview.
• Ensure the practitioner of record has authorized the interview.
• If authorization is not provided, decline the interview request.

The MPEP 408 states: ‘Interviews with practitioners not of record should be conducted only with the consent of the practitioner of record.’ It further advises: ‘An examiner should not conduct an interview with an attorney or agent who is not of record unless the attorney or agent presents either a power of attorney or a letter signed by the attorney or agent of record authorizing the interview.’

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