When are interviews permitted after a notice of appeal is filed?
After a notice of appeal is filed, interviews are generally permitted during the period from the mailing of the final rejection through the filing of an appeal brief. However, there are some important exceptions:
- No interviews are granted from the filing of a request for pre-appeal review through the issuance of a decision on that request.
- Interviews are typically not permitted after the appeal brief is filed, except in unusual situations.
- Interviews after the examiner’s answer is mailed and before the appeal forwarding fee is paid are generally not allowed, except in rare circumstances.
As stated in the MPEP:
“Except in unusual situations, no interview is permitted after the appeal brief is filed. See MPEP § 713.05.”
This policy helps maintain a clear record for the appeal process.
To learn more: