Legal Definitions - interview-summary form

An interview-summary form is a specialized document used within the U.S. patent application process by the Patent and Trademark Office (USPTO). Its primary function is to create an official, written record of significant discussions that occur between a patent examiner and a patent applicant (or their authorized representative). These discussions can happen either over the phone or in person, and the form ensures that all key points, agreements, and decisions made during such an interaction are formally documented and added to the patent application's official file.

Here are some examples illustrating the use of an interview-summary form:

• Example 1: Clarifying Technical Details

  An inventor, applying for a patent on a new type of medical device, has a scheduled video conference with the patent examiner. During the call, the inventor demonstrates a digital model of the device and explains how a particular component functions, addressing a technical ambiguity the examiner noted in a previous office action. After the call, the patent examiner completes an interview-summary form, detailing the date of the discussion, the participants, the specific technical points clarified, and any agreements made regarding how the inventor might amend their application to reflect these clarifications. This form then becomes part of the official patent prosecution history.

• Example 2: Discussing Claim Amendments

  A patent attorney, representing a software company, calls the assigned patent examiner to discuss a rejection of certain claims in their client's patent application for a novel algorithm. During the phone call, they collaboratively brainstorm potential amendments to the claim language that could overcome the examiner's objections without broadening the scope of the invention. Following this productive conversation, the examiner fills out an interview-summary form. This form records the date, the individuals involved, the specific claims discussed, the proposed amendments, and the examiner's preliminary thoughts on whether these changes would likely lead to allowance. This documentation is crucial for maintaining a transparent record of the negotiation process.

• Example 3: Expediting Examination Through Understanding Objections

  A representative for a startup company, seeking a patent for a new energy storage system, requests an in-person meeting with the patent examiner to better understand the examiner's prior art rejection. During the meeting, the examiner elaborates on the cited references and explains precisely why they believe the startup's invention is not sufficiently distinct. The representative takes detailed notes and proposes a strategy for amending the application to highlight the unique features. After the meeting, the examiner prepares an interview-summary form, noting the date, attendees, the specific prior art discussed, the examiner's detailed explanation of the rejection, and the applicant's proposed next steps. This ensures that the official record reflects the depth of the discussion and the mutual understanding achieved, which can help streamline future communications.