What are the rules for conducting interviews in ex parte reexamination proceedings?

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.

Interviews in ex parte reexamination proceedings are subject to specific rules as outlined in MPEP 2281:

• Interviews must be conducted in the Office during designated hours.
• Only the patent owner and/or their representative can participate; third-party requesters are not permitted.
• Interviews for discussing patentability are not allowed before the first official action.
• Interviews should be arranged in advance.

As stated in the MPEP, “Interviews in ex parte reexamination proceedings pending before the Office between examiners and the owners of such patents or their attorneys or agents of record must be conducted in the Office at such times, within Office hours, as the respective examiners may designate.“