[Patentpractice] Number of AFCP interviews granted each year

[Jim Larsen]

By definition, a proper AFCP request includes an examiner-initiated interview, if only to indicate that (at least in the majority of my experience) additional search and consideration will be required (i.e., RCE).

Fed. Reg. Vo. 78, No. 96, at 29118<https://www.govinfo.gov/content/pkg/FR-2013-05-17/pdf/2013-11870.pdf>
“If the examiner’s consideration of a proper AFCP 2.0 request and response does not result in a determination that all pending claims are in condition for allowance, the examiner will request an interview with the applicant to discuss the response.”

If you aren’t seeing interview requests from examiners, it follows that either the application was allowed or the AFCP request was improper.  No?

Best regards,

-Jim

James C. Larsen
Attorney
Larsen IP PLLC
p: 425.298.6846
e: jim at Larsen-IP.com<mailto:jim at Larsen-IP.com>
w. www.Larsen-IP.com<http://www.Larsen-IP.com>

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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> on behalf of pbrisky--- via Patentpractice <patentpractice at oppedahl-lists.com>
Date: Tuesday, April 30, 2024 at 12:04 PM
To: Carl Oppedahl via Patentpractice <patentpractice at oppedahl-lists.com>
Cc: pbrisky at fujitsu.com <pbrisky at fujitsu.com>
Subject: [Patentpractice] Number of AFCP interviews granted each year
Hi

The USPTO claims that 50% of all AFCP requests (out of the 60k annually) made by applicants have been granted interviews. Anecdotally this has not been our observation. I am wondering if anybody has numbers to either refute the USPTO's assertion or back it up.



Pamela Cei Brisky

Senior Patent Paralegal
Fujitsu North America, Inc.| Fujitsu Intellectual Property Center

pbrisky at fujitsu.com<mailto:pbrisky at fujitsu.com> |571-216-2112

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