Chapter 1700
Chapter 1700 covers miscellaneous USPTO procedures including examiner interviews and petitions. Key rule: after an examiner interview, applicant must file an interview summary within 1 month if examiner does not file one. Petitionable matters go to TC Director; appealable matters go to PTAB.
Core Concepts
Examiner Interviews — MPEP 713 Interviews may be conducted in person, by phone, or video. Permitted after filing of application and first action. Before first action: only on examiner's initiative or with supervisory approval. After final rejection: only on showing of good cause. Applicant or registered practitioner may participate.
Interview Summary — MPEP 713.04 Examiner must prepare interview summary form PTOL-413. If examiner does not file summary, applicant must file summary of substance of interview within 1 month of interview date. Applicant summary must accurately describe what was discussed and any agreement reached. Failure to file summary = interview of no effect.
Examiner's Docket — MPEP 707 Examiners have response time requirements. First action on new application: 14 months. Subsequent actions: shorter periods. Applicant response period: 3 months (extendable to 6 months for non-final actions).
Supervisory Review — MPEP 1002.02 Primary examiner decisions reviewed by supervisory patent examiner (SPE) on request. SPE can authorize interviews, extensions, and special handling. TC Director handles petitions on examiner procedural decisions.
Key Rules
EXAM TIP
Interview summary rule is the most tested Ch. 1700 point: if examiner fails to file PTOL-413, applicant has 1 month to file their own summary or the interview has no effect. The 1-month deadline runs from the interview date, not a mailing date.
Common Traps
Search Terms
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