What is the purpose of an interview prior to first official action in patent examination?
The purpose of an interview prior to first official action in patent examination is to discuss and potentially resolve issues early in the examination process. According to MPEP 713.02, these interviews are intended to:
- Develop a mutual understanding of the invention
- Identify and resolve potential issues in the application
- Consider possible amendments to define the invention over the prior art
The MPEP states: ‘The examiner should not hesitate to state, if such be the case, that it appears that the application is not directed to patentable subject matter, or that a clear issue between applicant and the examiner cannot be developed, or that the inventor(s) or attorney/agent does not seem to understand the examiner’s view relative to the invention.’ This guidance encourages open communication to address potential issues early in the examination process.
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