All MPEP Chapters

Chapter 1700

Miscellaneous

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

1.Interview summary: if examiner does not file, applicant must file within 1 month
2.Interviews before first action: only on examiner initiative or with supervisory approval
3.Interviews after final rejection: only on showing of good cause
4.Petition vs appeal: procedural → petition to TC Director; merits → appeal to PTAB
5.Examiner interview summary form: PTOL-413

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

1.Thinking applicant has no obligation if examiner fails to file summary — applicant must file within 1 month
2.Assuming interviews after final rejection are available as of right — require showing of good cause
3.Missing that pre-first-action interviews require examiner initiative or supervisory approval

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Sections

1701Office Personnel Not To Express Opinion on Validity, Patentability, Expiration Date, or Enforceability of Patent
1702Restrictions on Current and Former Office Employees Regarding Patent Matters
1703The Official Gazette
1704Application Records and Reports
1705Examiner Docket, Time, and Activity Recordation
1720Dissemination of Court and Patent Trial and Appeal Board Decisions
1721Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice
1730Information Sources