What are the rules for recording devices during patent examiner interviews?
What are the rules for recording devices during patent examiner interviews?
The use of recording devices during patent examiner interviews is subject to specific rules and restrictions. The MPEP clearly states:
“The use of any form of recording device in the interview between a prospective applicant and an examiner is prohibited. Any request that such recording be permitted will be denied.” (MPEP 713.08)
Key points regarding recording devices in interviews:
- Strict prohibition: No form of recording device is allowed during interviews.
- Applies to all parties: Neither the examiner nor the applicant/attorney may record the interview.
- Includes all recording types: Audio, video, and any other forms of electronic recording are prohibited.
- No exceptions: Requests to permit recording will be denied without exception.
- Reason for policy: This policy ensures open and candid discussions without concern for statements being taken out of context or misused.
Instead of recording, both parties should rely on written interview summaries to document the discussion accurately. These summaries become part of the official record and serve as the authoritative account of the interview.
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