Patent examiners work closely with inventors to process patent application and determine whether the patent idea is worthy of being granted. The term “patent examiner” is often used to abbreviate an individual responsible for validating a patent or determining if a claim has validity.
A Patent Examiner Interview is a chance to have a conversation with a patent examiner over the telephone or in person. Interviews in person can be very beneficial because applicants are able to meet with the examiner face-to-face and watch their responses to the application. However telephonic and video conferencing interviews are more popular than in-person visits due to their lower cost.
Having an interview with a patent examiner helps to clarify any misunderstandings or disagreements about prior art, the scope, details, and claims of the claimed invention as well as statements in the specification.
These interviews have been shown to reduce the number of office actions required to obtain an abandoned application or a patent issued. This can result in a significant reduction in the number of requests and responses, which can help you save time and money. Below are ways to prepare you to get an effective patent examiner interview.
1. Prepare in Advance
A patent examiner interview with a patent examiner is conducted by telephone or videoconference. It can be requested using the USPTO Automated Interview Request (AIR) Form or through an interview request.
A patent examiner interview is considered an essential step in the prosecution and prosecution of a patent. If done strategically, it can assist with your prosecution. However, if you fail to prepare properly, it can quickly become a waste of time or resources for both your client and yourself.
You should note that the patent examiner will review your claims, prior art and other relevant information during the examination. You may also be asked to discuss any claims you have submitted, or rejections.
It is important to be prepared as the examiner will only have a few minutes with you especially where there are other applicants coming up for interview. It is advisable to send an agenda outlining the topics you’d like to discuss during the interview to your examiner as soon as possible. This will allow them to plan ahead and give you time to prepare.
It is also a good idea to be ready to give the examiner any evidence that you feel will benefit the interview. A marked-up copy or prior art, for example, could prove to be very helpful and should be added to your agenda.
Needless to say, it is good idea to be polite during interviews. Keep in mind that you and your examiner are both working towards finding acceptable subject matter. The more cooperative you are, the easier it is for you both to get an allowance.
2. Be Prepared to Interrupt
An interview with a patent examiner is used to provide essential information to the examiner. This includes details such as how the inventive idea is presented in claims and how it differs from prior art. This allows the examiner to directly provide this information to the applicant, thereby resolving any unpatentability issues.
Explaining your differences with the examiner may be helpful if they have a different view of the prior art. You can proceed with litigation if they agree to amend the claims in accordance with your interpretation.
If necessary, applicants should be ready to interrupt and leave the interview at any point. This will reduce the chance of your application being rejected by the patent examiner. If you are aware that the examiner is less likely to approve claim amendments, you can request an interruption to discuss with your agent whether you wish to continue.
By being well-prepared and knowledgeable, you can help to build a strong case for your invention and increase your chances of success during the patent examiner interview.
3. Be Cooperative
Interviews with patent examiners are a great way to show your mutual understanding. Interviews can help speed up the prosecution of your application if both of you are present.
During an interview, it is important to cooperate with the patent examiners in order to ensure that everyone understands. This could mean prepping before the interview, asking pertinent questions, and remaining open-minded throughout.
You might ask an examiner to give her opinion about what she considers the most important aspects of your invention, such as novelty or inventive concept. This is particularly important when you apply for advanced technology applications.
You could also ask the examiner for evidence of her knowledge about how your invention is related to prior art. This is a great opportunity to show your technical skills and demonstrate that you are knowledgeable about the topic.
Additionally, it might be beneficial to propose claim amendments that can be discussed. You can also influence the examiner to agree with your view by proposing the most rational changes.
Successful applicants are often well-versed in the process and have an experienced advocate. It is crucial to have a strategy and tactics that work for you in order to get the best out of every encounter with a patent examiner. In the patent examination world, successful applicants often possess an intimate knowledge of the process and an experienced advocate. Thus, having an effective strategy and tactics in place is critical for making the most out of each encounter with a patent examiner.
4. Be Prepared to Ask Questions
Before you meet with a patent examiner, it is important to prepare questions ahead of time. It is crucial to have well-written, concise questions in advance so that your interview goes smoothly.
Interviews are typically limited to one per case. It is therefore important to take advantage of every opportunity to get to know the views of your interviewer. Before you begin the interview, set a clear objective and state what you want to achieve.
Prepare a schedule with the proposed claim amendments before you ask for an examiner to approve your application. This will give them something to work from and shows your commitment to achieving a common goal.
Understanding the prior art and how it differs from your application is another essential component of a successful interview. This will allow you to clearly describe how your invention differs from the prior art during the interview.
After you have created an outline of the prior art and understood it, it is time to start asking questions. This can be done with a variety of resources, including the USPTO Interview Practice Guidelines for Applicants as well as the FAQ by the USPTO on Patent Interviews.
Send the examiner a summary document of your conversation after the interview. Also, ask the examiner to contact your agent in case they find additional prior art in their updated search. This could lead to an allowance.
5. Be Prepared to Close
Attorneys and agents should request an Interview Summary from the examiner after the interview is over. This form will record all details of the conversation and can be added to your application file.
Attorneys or agents must indicate claims discussed during an Interview Summary. They should also request confirmation from the Examiner that any proposed claim amendments have been approved.
The interview summary should give a brief overview of the invention. It should include information such as the reason it was created, the problem it solves, and the advantages it has over the prior art. This will allow the examiner to gain a better understanding of the invention and enable them to evaluate any arguments made by the agent or applicant.
Attorneys or agents are encouraged to present alternative claim language during the interview that addresses any prior art cited without limiting the claim scope. This claim language is different from those that have been cited before, based on the review and/or search of additional materials.
Conclusion
Finally, it is important to be respectful and professional during the patent examiner interview. This includes being on time, dressing appropriately, and maintaining a polite and respectful demeanor throughout the interview. By demonstrating professionalism and respect, you can help to build a positive relationship with the examiner, which can ultimately lead to a more successful outcome.
By following the tips outlined in this blog post, such as conducting a thorough review of your patent application, anticipating potential questions, and practicing your responses, you can increase your chances of a successful interview outcome. Remember to approach the interview with a positive attitude, and to listen carefully to the examiner’s feedback and suggestions. Overall, with the right preparation and mindset, you can increase your chances of success during a patent examiner interview and ultimately secure the patent protection you need for your invention.