Interviews with USPTO examiners can be one of the most powerful tools in patent prosecution. When used strategically, interviews streamline prosecution, clarify issues, and significantly increase the likelihood of advancing an application toward allowance. Below is a practical guide to help applicants and practitioners understand when to request an interview, how to conduct one effectively, and what to do if an interview request is denied.
Optimal Timing for Interview Requests
Understanding the best timing for an examiner interview is essential for maximizing its impact.
After the First Office Action
This is typically the most productive time to hold an interview. The examiner has laid out their initial position, and the applicant has the opportunity to discuss the merits, potential amendments, and claim strategies to clarify issues and reduce prosecution cycles.
After Final Office Action
After-final interviews are granted less frequently but can still be valuable. Examiners often agree to these discussions when the goal is to narrow issues, clarify a proposed after-final amendment, or prepare for an appeal.
Least Effective Times
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Before the first action: Examiners usually decline because they haven’t yet completed their initial review.
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After a Notice of Allowance: Interviews are rarely granted because prosecution is effectively closed.
Interview Request and Conduct Best Practices
To increase the likelihood of your interview being granted—and productive—follow these procedural best practices.
Use the Automated Interview Request (AIR) Form
The AIR form is the USPTO’s preferred, web-based tool. It simplifies scheduling and ensures the request is captured in the official record.
Choose Video Conferences When Possible
The USPTO highly encourages video conferencing. Virtual face-to-face communication enhances collaboration and allows real-time review and editing of claim amendments or arguments.
Submit a Clear, Detailed Agenda
A specific agenda helps the examiner prepare and increases the chance the request will be granted. While not required, it is strongly recommended. A solid agenda should summarize the issues, identify proposed claim amendments, and list any questions to be addressed.
If you’ve received an office action, contact The Law Firm of Andrea Hence Evans, LLC to assist you.