First Action Interview

On April 28, 2008, the USPTO initiated the First Action Interview Pilot Program (“FAIPP”), a new pilot program allowing the applicant to receive the results of a prior art search conducted by the examiner and subsequently conduct an interview with the examiner prior to the issuance of a first office action.  According to the USPTO, benefits of the program include “(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 crux of the pilot program is to resolve issues face to face with the examiner and get both parties on the same page regarding the nature of the Invention early in the prosecution process.  For the PTO, the hope is that the program can reduce the tremendous backlog in applications.

The advantage to the applicant is that the applicant can attempt to clarify the invention for the examiner before receiving a rejection based on any misunderstanding.  David Kappos, direction of the USPTO, remarked regarding FAIPP, “This is a no-brainer!, and we’ll invest in first action initiatives if you’ll invest in them.”  He also noted that the program statistically increases your chances of getting a first action allowance by over 600%.  Recently, the program has been expanded to include more art units and to not require participants to go through all of the phases of the program if participating.

Maier and Maier PLLC is strategically located to take advantage of the First Action Interview Pilot Program.  Our location in Alexandria, Virginia is only a few blocks away from the USPTO.  As David Kappos mentioned, the odds of a first action allowance are dramatically increased when utilizing this program and we plan to utilize the program for similar results.  Please contact us for more information on how we can use the First Action Interview Pilot Program for your benefit.