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First Action Interview Pilot Program

 
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patentandtrademark

posts: 1332

Jun 05, 2008 3:23 PM ET    Quote  Report Abuse
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The United States Patent and Trademark Office (USPTO) is initiating a pilot program in which the applicant who complies with certain requirements will receive the results of a prior art search conducted by the examiner, via a condensed Pre-Interview Communication, and then be permitted to conduct an interview with the examiner to discuss the cited prior art references prior to the first Office action on the merits.  An interview under this pilot program would advance prosecution of the application because it would enhance the interactions between the applicant and the examiner, provide applicant the opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the prosecution process, and facilitate possible early allowance. Currently, granting an interview before first action on the merits of a new application is within the discretion of the examiner, who has not yet searched the case, and a showing may be required to justify the granting of the interview. See MPEP § 713.02. The pilot program provides a procedure which, if followed, makes the granting of an interview non-discretionary.



-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
CampSteve

posts: 1216

Jun 05, 2008 4:59 PM ET    Quote  Report Abuse
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That`s actually pretty cool.  It`s a good idea to start with a basic search yourself or if you don`t have the understanding/resources, have an attorney do it.  But sometimes inventors are going into the patent process more blind than they should be.  It`s nice to know the USPTO is more freely opening up communications at an earlier stage.
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