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

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.

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.’

For more information on patent examination, visit: patent examination.