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If you’ve received a rejection from the U.S. Patent and Trademark Office (USPTO), you’re not alone. Patent applications often face challenges during the examination process, especially when there’s confusion about the invention’s uniqueness or scope. One of the most effective ways to address this? A patent examiner interview.
At Gearhart Law, we use these interviews to help inventors like you clarify issues and improve the odds of getting your patent approved.
What Is a Patent Examiner Interview?
A patent examiner interview is a conversation between the applicant or their patent attorney and the examiner assigned to review the application. These discussions are typically scheduled after receiving an Office Action, which outlines any issues or rejections the examiner has identified.
The interview can take place in person, over the phone, or through a video conference. It provides a chance to talk through concerns, explain the invention in more detail, and potentially find common ground on claim adjustments. Sometimes, interviews are also requested before a first Office Action is issued, especially in programs that encourage early communication.
When Should You Consider Requesting One?
Not every patent rejection calls for an interview, but many do. We often recommend setting one up in situations where:
- The examiner’s rejection seems based on a misunderstanding.
- The cited prior art doesn’t match what your invention actually does.
- You’re dealing with a rejection under Section 101 (abstract idea) or Section 103 (obviousness).
- You’ve received a second or final rejection and want to resolve things before filing a Request for Continued Examination (RCE).
The timing of the interview matters. A well-timed interview—especially after the first rejection—can keep your application from getting stuck in multiple rounds of written responses and delays.
What Happens During the Interview?
A patent examiner interview is your chance to have a real-time conversation with the person reviewing your application. Here’s what typically happens:
- We start by asking the examiner to clarify their position, so we know exactly what concerns they have.
- Then, we present a clear explanation of your invention, focusing on how it differs from prior art or how it meets patent eligibility requirements.
- If necessary, we suggest potential claim amendments or revised language that might address the examiner’s feedback.
- We also listen closely for feedback or informal suggestions that can help us adjust strategy moving forward.
This back-and-forth can accomplish more in 30 minutes than weeks of written correspondence.
How an Interview Can Help Your Chances
Patent examiner interviews can be a turning point in the application process. Here’s why:
- They cut through the back-and-forth of formal Office Action responses.
- Examiners get to hear the reasoning behind your claims in a clearer, more persuasive way.
- You may learn what kinds of changes the examiner would find acceptable.
- The examiner might offer suggestions that help tailor your claims for faster approval.
For many applicants, an interview results in a smoother path to allowance. Even when it doesn’t lead to immediate approval, it often helps us better understand the examiner’s expectations and refine the strategy.
How We Prepare You for Success
Interviews with patent examiners require careful planning. At Gearhart Law, we take the time to:
- Review the examiner’s rejections and cited prior art in detail.
- Prepare proposed claim amendments or argument outlines in advance.
- Walk you through what to expect, so you’re confident and informed.
- Lead the discussion, making sure your invention is clearly presented and defended.
We’ve found that solid preparation leads to more productive interviews and stronger applications.
Let’s Talk Strategy
A patent examiner interview is a strategic opportunity to move your application forward. Whether you’ve just received your first Office Action or you’re on the verge of an RCE, this tool may help you avoid delays and improve your chances of success.
At Gearhart Law, we’re ready to help you make the most of the process. Reach out today to see how a patent examiner interview can strengthen your application and bring your idea closer to protection.