About the Course
Introduction
This CLE course will guide patent counsel on leveraging interviews with the United States Patent and Trademark Office (USPTO) patent examiners to prosecute patents more efficiently. The panel will provide insight into conducting the interviews amid policy changes at the USPTO and offer strategies for interacting with patent examiners.
Description
Patent examiners initially reject a large percentage of patent applications. Conducting an interview with the patent examiner handling the patent application is one of the most efficient ways to advance the application. Having a dialogue with the examiner minimizes the back-and-forth between the examiner and patent counsel. Perhaps more importantly, the substance of the interview is only recorded in an Examiner Interview Summary.
In October 2025, the USPTO implemented a new interview policy under which patent examiners are only permitted to claim one hour for attorney interviews per prosecution. As a consequence, it will likely be more difficult to schedule examiner interviews beyond the first one. This will impact examiner interview strategy.
Counsel must understand that the interview should not be a fishing expedition. Counsel should come in prepared, having reviewed the case, and be ready to state its argument with multiple fallback positions. The examiners generally ask for an agenda with proposed claim amendments. Interviews also provide an opportunity to understand the examiner's position on an office action.
While interviewing the patent examiner can move the patent application's prosecution forward, if patent counsel is not prepared or makes damaging admissions, it can be a disaster. Patent counsel must understand when and how to interview patent examiners to prosecute patents effectively.
Listen as our authoritative panel of patent attorneys offers guidance for patent examiner interviews to advance patent prosecution. The panel will discuss the USPTO policy on interviews and provide insights into working within the system, including strategies for preparing for and interacting with examiners. The panel will offer guidance for conducting and leveraging examiner interviews.
Presented By
Ms. Burgy focuses on opinion work, client counseling, patent prosecution and management, and litigation in the chemical, pharmaceutical, and biotechnology arts. She has been recognized for her practice in the Washington, DC region by Intellectual Asset Management (IAM) and by The Legal 500 U.S. for patent prosecution, re-examinations, and post-grant proceedings. Ms. Burgy has managed the prosecution of hundreds of patent applications domestically and internationally directed to consumer products, pharmaceuticals, and small molecules. She assists clients on single-patent issues as well as complex matters involving multiple patents and applications requiring ongoing advice on patent portfolio strategy and development, with an eye towards litigation.
Mr. Sweet focuses his practice on portfolio analysis; due diligence investigations; interference proceedings; reissue and reexamination proceedings; preparing patentability, validity and infringement opinions; and client counseling. He is a registered patent attorney with extensive experience handling procurement matters before the USPTO, including patent application drafting and prosecution, conducting examiner interviews, filing appeals to and presenting oral arguments before the PTAB, interference proceedings, reissue proceedings, and reexamination proceedings. Mr. Sweet also has significant experience in inter partes review and post grant review proceedings. His technical expertise is diverse and includes working with technologies involving pharmaceuticals, agricultural chemicals, polymers, industrial coatings and films, and clean energy and renewable resources. Mr. Sweet served as a primary examiner at the USPTO, where he handled polymer-based technologies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, August 4, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. USPTO policy on interviews
A. First action interview program
II. Why you should conduct interviews
III. Understanding the USPTO system and adapting the interview to accommodate that system
IV. Best practices for conducting and concluding examiner interviews
A. Preparation
B. Agenda
C. Presenting amended claims
The panel will review these and other key issues:
- What should counsel include in an interview agenda, and what should be avoided?
- How can patent counsel use an examiner interview to the client's advantage?
- How and when should patent counsel interact with examiners for effective and efficient prosecution?
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