1. Overview

In Japan, it is possible to request a telephone interview with an examiner for an office action. In a telephone interview, we usually send a proposed amendment to the examiner in advance, and the examiner provides his or her opinion on the proposed amendment. It is up to the examiner’s discretion whether or not a telephone interview is granted. However, since the JPO encourages examiners to conduct telephone interviews, telephone interviews are permitted in most cases.

Telephone interviews regarding descriptive requirements such as clarity and support requirements (Article 36 of the Patent Act) are accepted with a high probability. In addition, telephone interviews regarding substantive requirements of the invention such as novelty and inventive step (Article 29 of the Patent Act) are often accepted.

2. Points to note

If the deadline for responding to an office action is approaching, a telephone interview may be refused, so it is necessary to apply for a telephone interview well before the deadline. If the deadline for responding is approaching, you can also apply for an extension of the deadline.

3. Other

In addition to telephone interviews, face-to-face interviews and web interviews are also possible. Face-to-face and web interviews allow for a more in-depth discussion of the invention compared to telephone interviews.

Japanese Patent Attorney
Yosuke Katsumi