What is the purpose of interviews prior to first Office action in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
Interviews prior to the first Office action in patent applications serve several important purposes:
- To discuss and clarify the invention and claims
- To identify and resolve potential issues early in the examination process
- To expedite prosecution by addressing concerns before formal Office actions
- To establish a better understanding between the examiner and the applicant
As stated in MPEP 713.02: ‘Interviews that are solely for the purpose of sounding out the examiner … should not be permitted.’ This emphasizes that interviews should have a substantive purpose related to advancing prosecution.