How should patent examiners handle new issues raised during interviews?
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.
To learn more: