What are the time limitations for interviews in ex parte reexamination proceedings?
Interviews in ex parte reexamination proceedings are subject to specific time limitations as outlined in MPEP 2281:
- The duration of an interview should not exceed one hour.
- Only one interview may be requested after an Office action and prior to filing the response to that action.
- Interviews for discussing patentability are not permitted prior to the first Office action following the order for reexamination.
The MPEP states: “The duration of the interview will not exceed one hour, unless the patent owner files a petition under 37 CFR 1.182 showing sufficient cause where more time is needed.“
If a patent owner needs more time, they must file a petition showing sufficient cause. Additional interviews or extended durations may be granted at the examiner’s discretion or with a showing of good cause, considering the requirement for “special dispatch” in reexamination proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2281 - Interviews In Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure