Yes, Patent Examiners are human.

This simple truth is often overlooked in the written communications with the United States Patent and Trademark Office (USPTO) during the patent prosecution process. An Examiner’s interview is a valuable process that allows the Practitioner (and inventor, if available, collectively) to have a conversation with the USPTO Examiner assigned to the application. During an interview, the Practitioner and Examiner can discuss substantive matters and work to clarify positions, resolve issues, and provide a better understanding of the application for both parties. This exchange is especially useful for the Practitioner, who can use this opportunity gain valuable insight into the Examiner’s expectations and try to cultivate a feeling of working with – rather than against – the Examiner.

Interviews may be held over the phone, via video conference, or in-person at the USPTO campus. The preference is indicated by the Practitioner, and usually granted (although some Examiners work remotely and may not be available in person). An interview requested after a first action on the merits is particularly beneficial because both parties have had an opportunity to consider the prior art, and the Examiner has more time to consider a response and/or evidence filed after the interview. However, an interview requested after a final office action on the merits can still help to advance prosecution. The USPTO encourages Examiners to have an interview whenever it can resolve issues and help further prosecution.

The Practitioner can call the examiner to request an interview, or request one online using a simple form called an Automated Interview Request (AIR) form. AIR allows the Practitioner to authorize communication via the internet without having to file a separate communication. An interview request through AIR is entered on the record, which is useful in and of itself: it makes a record of when the request was made and provides a reference point for a follow-up if needed. Additionally, the AIR form starts a timer on the Examiner’s docket, monitored by a Supervisor, within which to respond.

Examiner Interviews are an effective tool to advance the prosecution of a patent application and reduce the some of the waiting and costs associated with the application process.

Sources:

• MPEP 713;
• USPTO Interview Practice;
• Adriana Burgy, “Examining the Examiner Interview”, Prosecution First Blog; and
• “Why conduct patent Examiner interviews?” Patent Trademark Blog, IP Q&A.