How to Request a Patent Examiner Interview

An examiner interview — a phone or video call between your patent attorney and the patent examiner handling your application — is one of the most effective and underused tools in patent prosecution. A 20-minute conversation can resolve issues that would otherwise take 6 months and thousands of dollars in written responses. Most patent offices actively encourage interviews, and examiners generally welcome them.

Why Interviews Work

Written prosecution is slow and imprecise. An Office Action takes months to issue. Your written response takes weeks to draft and more months for the examiner to review. Misunderstandings accumulate. An interview cuts through this: you can ask the examiner directly what distinguishes your claims from the cited prior art, test proposed amendments before committing them to the record, understand the examiner's position in real time, and reach agreement in minutes.

Statistics support this: USPTO data consistently shows that applications where examiner interviews are conducted have higher allowance rates and reach final disposition faster than those prosecuted entirely in writing.

At the USPTO

When to Request

Request an interview after receiving an Office Action and before filing your written response. This timing lets you discuss the specific rejections with the examiner and incorporate the interview outcome into your response.

Interviews can also be requested before the first Office Action (a "pre-first-action interview") under the USPTO's First Action Interview programme — useful when you want to present your invention directly to the examiner before they form a position.

How to Request

1. Call or email the examiner directly. The examiner's name, phone number, and email are on the Office Action. A simple email works: "I would like to schedule an examiner interview to discuss the rejections in the Office Action dated [date]. I am available [dates/times]. My attorney registration number is [number]."

1. Alternatively, file a formal interview request through Patent Center — though an informal email or phone call is faster and standard practice.

1. Prepare an Interview Agenda — a short document (1–2 pages) outlining the specific rejections you want to discuss, the proposed arguments or amendments you plan to present, and any proposed claim language. Submit this to the examiner at least 2 business days before the interview so they can prepare.

During the Interview

• Present your arguments concisely — focus on the specific distinction between your claims and the cited prior art
• Ask the examiner what amendments (if any) would be sufficient for allowance — this is the most valuable question you can ask
• Take detailed notes — the interview summary filed afterward becomes part of the prosecution history
• Be professional and collaborative — you are problem-solving together, not adversaries

After the Interview

Within 2 weeks of the interview, either you or the examiner files an Interview Summary documenting what was discussed and any agreements reached. Ensure the summary accurately reflects the conversation — it becomes part of the permanent prosecution record and can affect claim construction in litigation.

At the EPO

The EPO actively encourages interviews (called "consultations" or "telephone discussions") during examination. Contact the examiner by phone or through the EPO's online communication system. EPO examiners are generally very open to discussing rejections and suggesting paths to allowance.

For oral proceedings (a more formal hearing before the Examining Division), a separate request process applies — but for informal telephone discussions during examination, a direct call to the examiner is standard practice.

At Other Offices

JPO (Japan): Interviews are available and encouraged. The JPO's examiner interview programme is well-established — request through your Japanese patent attorney.

KIPO (South Korea): Interviews are available and increasingly common. KIPO's examination is efficient — interviews can shorten already-fast prosecution further.

CNIPA (China): Examiner interviews are available but less commonly used by foreign applicants. Your Chinese patent agent can arrange a telephone discussion with the examiner — it is worth requesting, particularly for complex rejections.

IPO (India): Hearings before the Controller are a formal part of Indian prosecution, particularly for contentious rejections. Your Indian patent agent can request a hearing to present arguments in person.

Common Mistakes

Not requesting an interview at all. Many applicants — particularly those without experienced counsel — prosecute entirely in writing, missing the most efficient resolution tool available.

Requesting without preparation. Showing up to an interview without a clear agenda, proposed amendments, and specific arguments wastes the examiner's time and yours. Prepare an interview agenda document.

Making binding concessions. Statements made during an interview can affect claim scope through prosecution history estoppel. Be careful about conceding claim limitations that you may want to argue later. If you are unsure, say "I will consider this and respond in writing."

Sources

1. USPTO — Examiner Interviews — Official guidance on requesting and conducting examiner interviews
2. MPEP § 713 — Interviews — Detailed procedures and rules for patent examiner interviews
3. EPO Guidelines for Examination — Oral Proceedings — European Patent Office procedures for oral proceedings with examiners