How to Call your Examiner

Calling your Examiner is no big deal, but should be done judiciously.

Before you call

If you’re calling for your position in the queue, make sure you have the application number in front of you.

If you’re calling about an Office Action, read through it first. Prepare an answer for each rejection or suggestion provided by the Examiner, and jot down any questions you have. The Office Action will include the application number on every page.

Calling

After a greeting, state the application number of your application and briefly describe the purpose of the call. If you’re calling about an Office Action, steer the conversation toward resolving the issues pointed out in the Action.

If the Examiner suggests an Examiner interview, make sure to give yourself some time to prepare. You should come up with a strategy, including arguments to overcome rejections and acceptable compromises should you be unable to overcome certain rejections. You should also email or fax the Examiner an itemized agenda ahead of time. The best-case outcome of an Examiner interview is an Examiner’s Amendment, in which the Examiner herself makes agreed-upon changes to overcome rejections, and proceeds to allowance.

Please note that in order to communicate with the Examiner by email, you must include a sentence in your email that authorizes email communication and assumes the inherent security risks associated with email, e.g.:

I hereby authorize the use of email correspondence with and from you for App No. [APP NO.].  I understand the security risks involved with email correspondence and choose to proceed anyway.

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