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ARTICLE · 15 JUNE 2017

Examining The Examiner Interview

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Compact or streamlined prosecution is in vogue in prosecution circles these days. While examiner interviews are a tried and true "old" tool in a prosecutor's tool box...

United StatesLitigation, Mediation & Arbitration

Compact or streamlined prosecution is in vogue in prosecution circles these days. While examiner interviews are a tried and true "old" tool in a prosecutor's tool box, they are reemerging as a means to facilitate compact or streamline prosecution, benefiting both clients and the USPTO. Some of the advantages that are driving their popularity include the fact that examiner interviews can reduce prosecution costs, minimize arguments of record, and decrease prosecution time.

A review of USPTO statistics reveals that examiner time spent conducting interviews has increased considerably. In 2008, there were almost 80,000 examiner hours spent on interviews, but by the end of fiscal year 2016 that number jumped up to over 220,000 hours. Among the factors that contribute to that jump include, the Office itself.

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