IP: The Patent Office examiner is your friend

How to conduct an examiner interview

While most applicants only use the examiner interview sparingly during patent prosecution, strategic and judicious use of examiner interviews often yields fruitful results. Examiner interviews can help the applicant understand the examiner’s position while minimizing prosecution history estoppel issues. An examiner interview should be conducted when the office action lends itself to different interpretations or when the examiner has maintained a position that is unreasonable.

In-person vs. telephone

Contributing Author

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Andrew Weaver

Andrew Z. Weaver is a partner at Novak Druce + Quigg where his practice is focused on the prosecution and reexaminations of patents. He can be reached...

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