New procedures for applicant initiated interviews at the U.S. Patent and Trademark Office (USPTO) are described in the February 2003 revisions to the Manual of Patent Examining Procedure (MPEP). Now, when an applicant initiates a request for an examiner interview, an Applicant Initiated Interview Request form (PTOL-413A) should be submitted to the examiner prior to the interview. The form should identify the participants, the proposed date, the type of interview (personal, telephonic or video conference) and a brief description of the issues to be discussed. A copy of the completed request form should be attached to the traditional Interview Summary form (PTOL-413) completed by the examiner at the conclusion of the interview. MPEP § 713.01 (8th. Ed., Rev. I).
While the examiner must still complete the Interview Summary form (PTOL-413) to memorialize any interview in which a matter of substance has been discussed, for applicant initiated interviews it is now the applicant’s responsibility to make the substance of the interview of record in the application file. This responsibility may be satisfied by including a summary of the interview in the applicant’s response to the Office Action. If the interview results in an allowance, the MPEP recommends that the applicant file a written record of the substance of the interview as soon as possible to prevent delays in the issuance of the patent. Id. at § 713.04.
Practice Note: Because of the new procedures it is recommended that well in advance of an Office Action response due date practitioners determine whether an interview will be required in order to timely submit the written interview request form (PTOL-413A).
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.
