What is the MPEP’s stance on “sounding out” interviews with patent examiners?

The MPEP explicitly prohibits interviews that are solely for the purpose of “sounding out” the examiner. According to MPEP 713.03:

“Interviews that are solely for the purpose of ‘sounding out’ the examiner, as by a local attorney acting for an out-of-town attorney, should not be permitted when it is apparent that any agreement that would be reached is conditional upon being satisfactory to the principal attorney.”

This policy is designed to prevent conditional or non-binding discussions that may waste the examiner’s time and resources.

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Tags: interview protocol, patent examination, patent prosecution, USPTO Guidelines