MPEP § 408 — MPEP § 408
Current through: 2022-07-01

408-Interviews With Patent Practitioner of Record 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 0400 

 Section 408 
 

 
 
 
 
 
 408 Interviews With Patent Practitioner of Record [R-10.2019]

 The Office encourages the use of interviews to expedite prosecution. When
 the examiner believes the progress of the application would be advanced by an interview,
 the examiner may contact the patent practitioner of record in the application (in
 accordance with MPEP §
 713 ) and suggest a telephonic, personal, or video conference
 interview.
 

 Registered attorneys or agents not of record in a patent
 application (i.e., there is no power of attorney present in the file that appoints the
 patent practitioner(s)) and acting in a representative capacity under 37 CFR 1.34 should
 not be contacted for restriction requirements or approval of examiner's amendments. In
 addition, non-registered representatives of the practitioner of record should not be
 contacted for such actions, even if apparently authorized by the attorney or agent of
 record. Office employees are forbidden from holding either oral or written communication
 with an unregistered, suspended or excluded attorney or agent regarding an application
 unless it is one in which said attorney or agent is the applicant. See
 MPEP §§
 105 and 713.05 . See MPEP § 812.01 for
 telephone restriction practice. See MPEP § 405 for interviews with a patent
 practitioner not of record. See also MPEP §§ 101-104 for information regarding
 access to application information by persons other than a patent practitioner of record. 
 

 When applicant is initiating a request for an interview, an
 “Applicant Initiated Interview Request” form (PTOL-413A) should be submitted to the
 examiner prior to the interview in order to permit the examiner to prepare in advance for
 the interview and to focus on the issues to be discussed. This form should identify the
 participants of the interview, the proposed date of the interview, whether the interview
 will be personal, telephonic, or video conference, and should include a brief description
 of the issues to be discussed. See MPEP §§ 713.01 and 713.05 .
 

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 401-U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner 

 402-Power of Attorney; Naming Representative 
 402.01-Limited Recognition in Patent Matters 

 402.02-Appointment of Power of Attorney 
 402.02(a)-Appointment in Application Filed On or After September 16, 2012 

 402.02(b)-Appointment in Application Filed Before September 16, 2012 

 
 

 402.03-Signature Requirements for Papers Filed in an Application 

 402.04-Acting in a Representative Capacity 

 402.05-Revocation of Power of Attorney 
 402.05(a)-Applicant Revocation - Application Filed On or After September 16, 2012 

 402.05(b)-Applicant Revocation - Application Filed Before September 16, 2012 

 
 

 402.06-Attorney or Agent Withdraws 

 402.07-Assignee Revocation of Power of Attorney of Applicant and Appointment of New Power of Attorney 

 402.08-Application in Interference or Derivation Proceeding 

 402.09-International Application 

 402.10-Appointment/Revocation by Less Than All Applicants or Owners 

 
 

 403-Correspondence — With Whom Held; Customer Number Practice 
 403.01-Correspondence in Applications 
 403.01(a)-Correspondence in Applications Filed On or After September 16, 2012 

 403.01(b) -Correspondence in Applications Filed Before September 16, 2012 

 
 

 403.02-Two Patent Practitioners for Same Application 

 
 

 404-[Reserved] 

 405-Interviews With Patent Practitioner Not of Record 

 406-Death of Patent Practitioner 

 407-Suspended or Excluded Patent Practitioner 

 408-Interviews With Patent Practitioner of Record 

 409-Death, Legal Incapacity, or Unavailability of Inventor 
 409.01-Deceased or Legally Incapacitated Inventor 
 409.01(a)-Deceased or Legally Incapacitated Inventor - Application Filed on or After September 16, 2012 

 409.01(b)-Deceased or Legally Incapacitated Inventor- Application Filed Before September 16, 2012 

 
 

 409.02-Unavailable Joint Inventor – Application Filed on or after September 16, 2012 

 409.03-Unavailability of Inventor – Application Filed Before September 16, 2012 
 409.03(a)-At Least One Joint Inventor Available 

 409.03(b)-No Inventor Available 

 409.03(c)-Unavailable Legal Representative of Deceased Inventor 

 409.03(d)-Proof of Unavailability or Refusal 

 409.03(e)-Statement of Last Known Address 

 409.03(f)-Proof of Proprietary Interest 

 409.03(g)-Proof of Irreparable Damage 

 409.03(h)-Processing and Acceptance of a Pre-AIA 37 CFR 1.47 Application 

 409.03(i)-Rights of the Nonsigning Inventor 

 409.03(j)-Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application 

 
 

 409.04-[Reserved] 

 409.05-Application For Patent by an Assignee, Obligated Assignee, or a Person Who Otherwise Shows Sufficient Proprietary Interest
 – Application Filed On or After September 16, 2012 

 
 

 410-Representations to the U.S. Patent and Trademark Office 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:52