Why are examiners prohibited from discussing inter partes questions ex parte?

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.

Examiners are prohibited from discussing inter partes questions ex parte to maintain fairness and prevent bias in the patent examination process. This rule, as stated in MPEP 713.06, ensures that all interested parties have equal access to information and prevents any party from gaining an unfair advantage through private discussions with the examiner.

The prohibition helps to:

• Maintain transparency in the examination process
• Ensure equal treatment of all parties involved
• Prevent potential conflicts of interest
• Uphold the integrity of the patent system