The United States Patent and Trademark Office (USPTO) is expanding the First Action Interview Pilot Program to other art areas and modifying the procedure under the program to enhance efficiency and provide more options to participants. Under the program, participants are permitted to conduct an interview with the examiner after reviewing a Pre-Interview Communication providing the results of a prior art search conducted by the examiner. Participants in the program experienced many benefits including: (1) the ability to advance prosecution of an application; (2) enhanced interaction between applicant and the examiner; (3) the opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the prosecution process; and (4) the opportunity to facilitate possible early allowance.

The following is a list of the major enhancements of the program:

1. The pilot is expanded across more art units in the Technology Centers.
2. After receiving the Pre-Interview Communication, participants will be given greater flexibility in selecting the amount of procedure they need to advance prosecution during the pilot program. (Previously, all participants had to go through all phases of the pilot’s procedure.)
3. The time period to reply set forth in the Pre-Interview Communication will be extendable by one additional month. (Previously, the time period for reply was non-extendable.)
4. Failure to timely reply to the Pre-Interview Communication or to timely conduct the interview will not result in abandonment of the application. Instead, a first action will be provided, similar to waiving the interview.

**The procedure for the Enhanced First Action Interview Pilot Program offers more benefits and flexibilities to the participants than the initial pilot program. Therefore, for applications in which a request for the initial First Action Interview Pilot Program has been accepted by the USPTO, but a Pre-Interview Communication has not been provided to the applicants, the application will be processed under the procedure for the Enhanced First Action Interview Pilot Program.

The effective date for the Enhanced First Action Interview Pilot Program is October 1, 2009.

Please click on a link below for more information

1. Original Pilot Program (04/28/08 - 06/28/08) (click for eligibility)

2. Enhanced Pilot Program (10/01/09 - 04/01/10) (click for eligibility)