In accordance with the last modification of the Statutes of the Patent Law in 2014, among other relevant changes in the form and substance of patentability examinations, the formal possibility of requesting an interview with the examiner was established.
Although it is true that before said modification of the statutes, the interviews with the examiners already existed informally, this amendment established for the first time in the legislation the form and the conditions that these interviews must follow.
The interviews have been extremely helpful in understanding the scope of patentability reviews and overcoming rejections. In some cases, the reports are very laconic about the reasons why the application is objected to and requesting an interview with the examiner is a practical and effective way of responding to such objections.
According to the regulations, the interview must be requested within the first fifteen business days after notification of the official action that notifies the patentability examination report. Although this term is not formally peremptory, it is followed and observed by the patent office. Although the regulations stipulate that the interview is optional or discretionary by the Patent Office, in practice it is usually granted to favour the applicant.
