Can I talk to an examiner about my patent application?

Yes, either you as the applicant, or your patent attorney or patent agent representing you, can request an interview and discuss your patent application with an examiner. Typically, you might discuss amending the claims to overcome the examiner's rejection, or you may discuss why you don't believe the references actually teach your invention, notwithstanding what the examiner has stated. An interview summary must be filed within 30 days of the interview.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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