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.

Difficulty:

Moderate

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.