How should the substance of an interview conducted via electronic mail be recorded?

For interviews conducted via electronic mail, MPEP 713.04 provides specific guidance on how to record the substance of the interview. The key requirement is:

In the case of an interview via electronic mail, a copy of the contents exchanged over the Internet MUST be made and placed in the patent application file as required by the Federal Records Act in the same manner as an Examiner Interview Summary form is entered.

This means that:

• A copy of all email exchanges discussing the merits of the application must be included in the application file.
• The email contents should be treated as part of the official record, similar to an Examiner Interview Summary form.
• The inclusion of these records ensures compliance with the Federal Records Act and maintains a complete history of all substantive discussions related to the patent application.

It’s important for both examiners and applicants to be aware of this requirement when engaging in email communications about the application, as these exchanges are considered part of the interview process and must be properly documented.

To learn more:

• electronic mail interview
• email patent discussion
• MPEP 713.04
• Federal Records Act

To learn more:

• MPEP 713.04