How should patent examiners handle new issues raised during interviews?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 new issues are raised during patent examination interviews, examiners should handle them carefully. The MPEP 713.01 provides guidance: New issues raised during an interview should be discussed and resolved if possible. However, if the new issues cannot be fully addressed during the interview, the examiner should: Encourage the applicant to provide a written statement of the issue for clarity Consider whether a supplemental Office action is necessary Document the new issue and any tentative agreements in the interview summary Examiners should strive to resolve issues when possible, but also ensure that the official record accurately reflects all substantive matters discussed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Positions Presented During Interviews Should Be Advanced with Decorum and Courtesy MPEP 713 Recommended Summary of Video Must Be Recorded During Interview MPEP 713.01 Required Examiner Should Conclude Interview When No Common Ground or Further Action Required MPEP 713.01 Recommended Written Statement Required for Interview-Based Reconsideration MPEP 713.01 Required Examiner Interviews Must Be Held on USPTO Campus When Possible MPEP 713.01 Recommended Interview Summary Must Be Given to Applicant MPEP 713.01 Recommended No Incoming Calls During Interview Unless Emergency MPEP 713.01 Second Examiner Should Follow Previous Agreements MPEP 713.01 Recommended Interview to Bridge Examiner-Applicant Gap MPEP 713 Permitted Summary of Interview Where No Electronic Record Exists MPEP 713 Required Other Related FAQs 5 FAQs Collapse What should be discussed in a patent examination interview? How should patent examiners prepare for interviews? Can paten...