In U.S. patent prosecution, an interview with the examiner is a meeting opportunity between the patent applicant or their attorney with the patent examiner. This interview provides an opportunity to discuss the merits of the application, address rejections or objections raised by the examiner, and clarify any misinterpretations.
Purpose of the Interview
- Resolve Issues: The interview can help resolve issues related to claim language, prior art references, and other points of rejections.
- Clarify Arguments: The applicant can clarify their arguments, explain the invention in more detail, and provide insights that might not be fully captured in the written document.
When is it held?
Prior to Final Rejection: It is often beneficial to have an interview before a final rejection to address issues proactively.
How to Request an Interview
Formally Request: The applicant or their attorney can formally request an interview through the USPTO’s Electronic Filing System (EFS) or by contacting the examiner directly.
Pre-Interview Communication: Sometimes, the examiner may suggest an interview, or the applicant may propose one in response to an Office Action.