ホーム > English > Q115. Recommended Strategy

Q115. Recommended Strategy

Q115. Recommended Strategy
 Assume you have a case of critical importance to your client. What strategy do you recommend?
a. Seek an early interview with Examiner?
b. If so, do you wait until after First Office Action or should you try to see the Examiner before the Examiner studies the case and perhaps forms adverse opinion?
c. What about preferred or acceleration examination (if conditions met?)

A115. In such a case, we recommend seeking an interview with the Examiner in charge.
An Examiner is to conduct an interview with respect to an application on which the Examiner has started or is about to start the examination, while an Examiner is not to conduct an interview with respect to the following applications:
– An application for which a request for examination has not been filed;
– An application which has not reached the time for initiating the examination;
– An application for which a decision of granting a patent has been drafted and approved within the JPO; and
– An application for which a Decision of Rejection has been drafted and approved within the JPO (an application under reconsideration by the Examiner before the examination in the Appeal Board is excluded).
In view of the current interview practice with the Examiner described above, you are advised to wait until after the Examiner’s first Office Action is issued.