Examiner Interviews

In the old days, patent attorneys were based in D.C. so that they could physically search for patents in the “shoes” and meet with examiners in person to discuss a case.

Times have changed. The “shoes” have been replaced by online searching, most examiner interviews are conducted on the phone, and there are more patent attorneys outside of D.C. to avoid its extremely high overhead costs. Whether or not there is a benefit to in-person interviews compared with telephone interviews can be debated, but what many may not realize is that the USPTO has set up a free video conference option available for every single examiner. As explained on the USPTO website,

Video conferencing with a patent examiner gives you the ability to have face-to-face meetings, no matter the location of the examiner or attorney … Video conference interviews will not be recorded. The substance of the interview will be documented by the examiner in an interview summary according to standard practice.

This service is available for any examiner interview and simply requires that you ask the Examiner to set it up. You can even include in-house counsel and/or the inventors.  One way to request such an interview is to utilize the USPTO’s online form (AIR), but you must give at least 5 days notice with this option. While often a phone call is sufficient to do the job, sometimes it can be helpful for everyone to see one another. 

So, next time you are thinking of having an interview to discuss a case with an examiner, consider using the USPTO’s free videoconferencing option and put a face to the name. 


Comments

3 responses to “Examiner Interviews”

  1. C Prescott Avatar
    C Prescott

    Hello,

    Curious to know if USPTO examiners are required to reply to the request for interview? Any stats on acceptance / rejection rates? Also, at what stage of the patent prosecution cycle would it make the most sense to request?

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    1. John Russell Avatar
      John Russell

      Hi – thanks for your question. I believe that if you ask for an interview before a final rejection, they are almost always granted. And I believe that if the Examiner agrees to an interview, and if you request a video conference, they must comply (although there is no rule requiring this, rather it was in internal USPTO management directive). As to what stage makes the most sense, I have a follow-on post coming shortly.

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    2. As for your first question, are you asking how often an interview actually takes place when one is requested?

      As for your second question, here are some recent stats on Interview outcomes by stage of prosecution: http://blog.bigpatentdata.com/2018/06/do-examiner-interviews-live-up-to-the-hype/

      -Chad (bigpatentdata.com)

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