What is the requirement for recording the substance of an interview?

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.

The Manual of Patent Examining Procedure (MPEP) requires that a complete written statement as to the substance of any interview must be made of record in the application, regardless of whether an agreement with the examiner was reached. This requirement is stated in MPEP 713.04, which cites 37 CFR 1.133(b):

In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as warranting favorable action must be filed by the applicant.

This written record ensures that the substance of the interview is properly documented and can be considered in future examinations or proceedings.

Tags: Interview Record, MPEP 713.04, Mpep 71304, patent examination, Patent Interview