From the category archives:

Interviews

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What is the Examiner’s Motivation? (Part 3)

by Clifford D. Hyra on January 13, 2009

In part 1, I introduced the performance system faced by Examiners and in part 2 I explained how this performance system affects the prosecution process.  In part 3, I discuss the ways that the incentives faced by Examiners can be used to an applicant’s advantage.
Timing
One way that knowledge of the performance system can be used [...]

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Can I speak to the Examiner?

by Clifford D. Hyra on September 1, 2008

If you have a patent agent or attorney, communication with the Patent Office is typically conducted only through your representative.  However, your representative can conduct an interview with the Examiner at any point after a first Office Action is received. Examiners generally grant such interviews as a matter of course, even after a final Office [...]

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When should I Appeal?

by Clifford D. Hyra on August 8, 2008

Unfortunately, turnover at the Patent Office is very high and the quality of Examiners can vary widely. What happens when an Examiner is not applying the correct law or misunderstands a key aspect of your invention? The first step is to try to work it out with the Examiner.  Many Examiners are friendly and intelligent.  [...]

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