What happens if I request an interview during supplemental examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
If you request an interview during a supplemental examination proceeding, your request will be considered unauthorized and will not be granted. The MPEP states:
“Any paper requesting an interview that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.”
This means that even if your request is accidentally processed, it will be removed from the file. The USPTO takes this prohibition seriously to ensure efficient processing of supplemental examination requests.
Topics:
MPEP 2800 - Supplemental Examination
MPEP 2814 - Interviews Are Prohibited
Patent Law
Patent Procedure