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ARTICLE · 13 OCTOBER 2025

The USPTO Just Quietly Made Interviews Harder, And That's A Problem

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The USPTO just changed how interviews between a USPTO patent examiner and a patent applicant are treated.

United StatesIntellectual Property
Puya Partow-Navid
Puya Partow-Navid
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The USPTO just changed how interviews between a USPTO patent examiner and a patent applicant are treated. On October 2, USPTO management revised the examiner Performance Appraisal Plan (PAP) for FY 2026, capping compensation for interviews at one hour per round of prosecution.

Previously, examiners earned an hour of credit for each interview, with no real cap, so long as the discussions were productive. Under the new system, any additional interview now requires supervisory approval and a showing that the second or subsequent interview will "advance prosecution."

This shift appears to clash with long-standing Manual of Patent Examining Procedure (MPEP) guidance, which recognizes that interviews are central to advancing prosecution. As MPEP § 713 states:

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