What should be discussed in an interview prior to first official action in patent examination?
An interview prior to first official action in patent examination can cover several important topics. According to MPEP 713.02, the following subjects may be discussed:
- The invention and its relation to the prior art
- Potential rejections or objections that may arise
- Possible amendments to define the invention over the prior art
- Any other matters that could expedite prosecution
The MPEP emphasizes: ‘The examiner’s suggestions should be considered carefully by the applicant or attorney/agent before deciding the question of agreement or disagreement.’ This highlights the importance of thoughtful consideration of any suggestions made during the interview.
It’s also worth noting that the interview provides an opportunity for the applicant to clarify any aspects of the invention that may not be clear from the written application, potentially preventing misunderstandings that could lead to unnecessary rejections.
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