Title: Why Interviewing Your Patent Examiner Can Make or Break Your Application

Published by Patent 360 | June 30, 2025

One of the most underused — yet most powerful — tools in the U.S. patent process is the examiner interview. Whether you're facing a rejection under 35 U.S.C. § 101, § 102, or § 103, setting up a call with your assigned USPTO examiner can dramatically increase your chances of success.

What Is a Patent Examiner Interview?

A patent examiner interview is a scheduled discussion (by phone, video, or in-person) between the applicant or their patent attorney and the USPTO examiner assigned to the case. It's an opportunity to:

• Clarify misunderstandings in the rejection.

• Propose claim amendments in real-time.

• Get early feedback on arguments before formal submission.

Why Interviews Matter More in 2025

With increasing complexity in software, biotech, and mechanical patent applications, written arguments alone may not be enough. Examiner interviews allow for:

• Faster resolution of office actions.

• More favorable outcomes — studies show interviews significantly improve allowance rates.

• Strategic insight into how the examiner is interpreting your claims or prior art.

Patent 360 Success Story:

In a recent case, a mechanical invention received a § 103 rejection. After scheduling an interview, we clarified a key structural difference the examiner had overlooked. The application was allowed without needing an RCE.

Best Practices for Examiner Interviews:

• Request the interview early (ideally after a first non-final rejection).

• Come prepared with annotated claims, prior art comparisons, and proposed amendments.

• Stay professional and concise — your goal is collaboration, not confrontation.

Need Help Preparing for an Interview?

At Patent 360, we conduct examiner interviews as a standard part of our prosecution strategy. Whether you've received a rejection or simply want to explore your options, we'll help you get clarity and move your application forward faster.

📞 Call us at +1 (949) 418-7674 or 📧 email contactus@patent360.us to schedule a consultation today.