How to Request a Patent Examiner Interview

The most underused tool in patent prosecution. A 20-minute call can resolve issues that would take 6 months and thousands of dollars in writing.

Step 1 — Timing

Request After Office Action, Before Response

The ideal timing: after receiving an Office Action but before filing your written response. This lets you discuss the specific rejections with the examiner and incorporate the outcome into your response. Pre-first-action interviews are also available under the USPTO's First Action Interview programme.

Step 2 — Request

Contact the Examiner Directly

The examiner's name, phone, and email are on the Office Action. A simple email works: "I would like to schedule an examiner interview to discuss the rejections dated [date]." Alternatively, file a formal request through Patent Center — but informal contact is faster and standard practice.

Step 3 — Prepare

Submit an Interview Agenda (1–2 Pages)

Outline: the specific rejections you want to discuss, your proposed arguments or amendments, and any proposed claim language. Submit at least 2 business days before the interview so the examiner can prepare.

Specific RejectionsProposed ArgumentsProposed Claim Language

Step 4 — During

Ask the Key Question

Present your arguments concisely. Focus on the specific distinction between your claims and the cited prior art. Then ask the most valuable question: "What amendments would be sufficient for allowance?" Take detailed notes — the interview summary becomes part of the prosecution history.

Step 5 — After

File Interview Summary Within 2 Weeks

Either you or the examiner files an Interview Summary documenting what was discussed and agreements reached. Ensure it accurately reflects the conversation — it becomes part of the permanent prosecution record and can affect claim construction in litigation.

⚠ Pitfalls to Avoid

Not Requesting an Interview at All

Many applicants prosecute entirely in writing, missing the most efficient resolution tool available. USPTO data shows applications with examiner interviews have higher allowance rates and reach final disposition faster.

Showing Up Unprepared

An interview without a clear agenda, proposed amendments, and specific arguments wastes the examiner's time and yours. Always prepare and submit an agenda document in advance.

Making Binding Concessions

Statements during an interview can affect claim scope through prosecution history estoppel. Be careful about conceding claim limitations. If unsure, say "I will consider this and respond in writing."

Visual companion to the Article

Patent Examiner Interviews: What They Are and How to Request One

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