What should practitioners know about making inquiries to patent examiners?

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.

Practitioners should be aware that certain inquiries to patent examiners are considered improper. The MPEP 1701 provides guidance on this matter:

“Practitioners shall not make improper inquiries of members of the patent examining corps. Inquiries from members of the public relating to the matters discussed above must out of necessity be refused and such refusal should not be considered discourteous or an expression of opinion as to validity, patentability or enforceability.”

This policy ensures fairness and impartiality in the patent examination process. Practitioners should limit their inquiries to appropriate procedural matters and avoid seeking opinions on validity, patentability, or enforceability from USPTO personnel.