How to Contact a Patent Examiner

Dealing with the Patent and Trademark Office (PTO) is intimidating, especially for novices. It's perfectly acceptable to contact the patent examiner the PTO assigns to your patent application. You can contact the examiner by phone or by mail. If the matter is crucial to your application, you should contact the examiner by phone since it is more personal and examiners are more likely to say "yes" to a live voice.

Instructions

    • 1

      Wait until you really need to speak with an examiner. Patent examiners usually allow applicants a limited number of calls or interviews. Save these times for crucial points.

    • 2

      Call with a question. Locate the examiner's phone number on the Office Action notice that PTO sends out with new patent applications. If it is not on the Office Action, locate the phone number on any official letter the PTO sends out.

    • 3

      Contact an examiner by mail to request an interview. Make sure to reference the patent application number on your letter. Find the number on the PTO's Office Action or on any official letters.

    • 4

      Refrain from contacting an examiner on a Friday. Like most employees, patent examiners report they are less attentive on Fridays.

    • 5

      Reach out to the examiner to request reconsideration of any PTO rejection of your application. Put the request in writing. Call the examiner's office several days after mailing the letter to confirm the examiner received it.

    • 6

      Phone the patent examiner to request assistance in drafting a patent claim that is patentable but requires additional technical data. Patent examiners handle these requests immediately and usually assist in the writing.

    • 7

      Review the PTO's official letters regarding the application for any kind of rejection. Contact the examiner by phone or mail to request reconsideration. Write a separate letter for each rejection and reference each patent code on which the PTO based its rejection.

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Comments

  • IPisForMe Jan 08, 2009
    This is "ok". But, prosecuting a patent is an amazingly difficult task. If you have to do it yourself, then you have to. My only comment, that is hinted at above, but not said.... Make sure you inform the Examiner that you are a pro se (self represented) applicant. When faced with patent attorneys they like to be jerks and fight hard because most attorneys they face are jerks and fight hard. The Examiner however MUST (by rule) be helpful to self-represented people. (That doesn't mean they have to provide you the best help, or help as good as a paid attorney would give, but they must be at least "helpful").
  • IPisForMe Jan 08, 2009
    This is "ok". But, prosecuting a patent is an amazingly difficult task. If you have to do it yourself, then you have to. My only comment, that is hinted at above, but not said.... Make sure you inform the Examiner that you are a pro se (self represented) applicant. When faced with patent attorneys they like to be jerks and fight hard because most attorneys they face are jerks and fight hard. The Examiner however MUST (by rule) be helpful to self-represented people. (That doesn't mean they have to provide you the best help, or help as good as a paid attorney would give, but they must be at least "helpful").

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