What are the limitations on interviews prior to first Office action in patent applications?

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.

While interviews prior to the first Office action can be beneficial, there are certain limitations and considerations:

• Interviews solely to ‘sound out’ the examiner are not permitted
• The examiner may require the applicant to provide a written statement of the substance of the interview
• Complex technical subject matter may require a formal Office action before an effective interview can be conducted
• The examiner has discretion in granting interview requests based on the circumstances

MPEP 713.02 states: ‘The examiner’s suggestion of allowable subject matter may justify indicating the possibility of an interview to accelerate early agreement on allowable claims.’ This highlights that interviews are most effective when there’s potential for substantive progress in the application.