What are the general guidelines for conducting interviews in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
The general guidelines for conducting interviews in patent applications are outlined in MPEP 713.01. Key points include:
- Interviews must be conducted on Office premises and within Office hours, as designated by examiners.
- Interviews for discussing patentability typically won’t occur before the first Office action, unless it’s a continuing or substitute application.
- Face-to-face interviews may be accomplished via video conferencing or in-person.
- In-person interviews should normally be granted and conducted on Office premises during normal business hours.
- Video conferencing interviews should be offered when in-person meetings are not possible.
As stated in the MPEP: “A request for a face-to-face interview will normally be granted. Other times, a telephone interview provides an appropriate level of interaction.”