Who is responsible for making the substance of the interview of record?

The responsibility for recording the substance of a patent interview depends on who initiated the interview:

• For applicant-initiated interviews: It is the applicant’s responsibility to make the substance of the interview of record in the application file.
• For examiner-initiated interviews: It is the examiner’s responsibility to make the substance of the interview of record.

As stated in MPEP 713.04:

For an applicant-initiated interview, a complete written statement as to the substance of the interview must be made of record in the application file in the reply to an outstanding action or within the set period if no reply is outstanding. It is the responsibility of the applicant to make the substance of the interview of record in the application file, and it is the examiner’s responsibility to see that such a record is made and to correct material inaccuracies which bear directly on the question of patentability.

In both cases, it’s crucial that an accurate and complete record is maintained to ensure proper consideration of the interview’s content in the patent examination process.

To learn more:

• patent interview
• interview responsibility
• applicant responsibility
• examiner responsibility