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ARTICLE · 11 FEBRUARY 2021

First Action Interview Program To Discontinue In The New Year

Hodgson Russ LLP
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The United States Patent and Trademark Office ("USPTO") has announced that the First Action Interview Pilot Program ("Program") will end on January 15, 2021

United StatesIntellectual Property
Charles Rauch
Charles Rauch
Gina Kim
Gina Kim

The United States Patent and Trademark Office ("USPTO") has announced that the First Action Interview Pilot Program ("Program") will end on January 15, 2021. The Program provides an applicant with an interview prior to their first Office Action on the merits with further modified prosecution procedures, including: (1) a condensed pre-interview communication from an examiner citing relevant prior art and identifying proposed rejections or objections; and (2) an opportunity for an applicant to submit proposed amendments and/or arguments. Although various iterations of the First Action Interview Pilot Program have been around since 2008, the current Program has been used sparingly by applicants – with the USPTO observing just 0.2% usage of eligible applications despite the potential value it adds.

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