MPEP 2814
Interviews Are Prohibited

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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2814    Interviews Are Prohibited [R-11.2013]

37 C.F.R. 1.620  Interviews Are Prohibited


  • (e) Interviews are prohibited in a supplemental examination proceeding.


37 CFR 1.620(e) prohibits interviews in a supplemental examination proceeding. This requirement will assist the Office to process the request for supplemental examination within the three-month statutory period. Any paper requesting an interview that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered. A telephone call to the Office to confirm receipt of a request for supplemental examination, or to discuss general procedural questions, is not considered to be an interview for the purposes of this provision. This prohibition against interviews applies only to supplemental examination proceedings. Interviews conducted in connection with any ex parte reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding are governed by the regulations governing ex parte reexamination proceedings. See, e.g., 37 CFR 1.560. Specifically, interviews are generally permitted to discuss issues of patentability, which are directly addressed during any ex parte reexamination proceeding ordered under 35 U.S.C. 257, and not during the supplemental examination proceeding.