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If I disagree with the USPTO's assessment in an office action, can I request a call with the examining attorney to discuss my concerns?

Written by Jan Buza

Co-founder of Trama

Yes. The USPTO encourages telephone and video interviews between applicants (or their attorneys) and the examining attorney to discuss potential resolutions before a formal response is filed. An interview can clarify the examiner's reasoning, identify what specific changes or arguments would be acceptable, and sometimes resolve issues more efficiently than a written response alone.

To request an interview, submit a written request either through the USPTO's online interview request system or as part of a response to the office action. The interview request should identify the specific issues to be discussed. The examiner is not obligated to grant every interview request, but they generally accommodate reasonable requests, particularly where the issues are complex or where resolution may be possible without a full appeal.

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