JPO Examiner Interview Guide for Foreign Counsel | EVORIX

JPO examiner interviews are an underutilized tool by foreign counsel. A well-prepared interview can resolve in 90 minutes what would otherwise take 6-12 months of written exchanges. This guide covers when interviews work best, how to request them, and how to maximize value during the meeting.

JPO Interview Overview

JPO examiner interviews (面接審査) are formal meetings between the patent examiner and applicant's representative. They are governed by the JPO Examination Guidelines and the Examination Procedure Manual. Unlike US PTO interviews which can be highly informal, JPO interviews tend to be substantive and well-prepared.

When to Request

Best Cases for Interview

• Final office action with rejection grounds you disagree with: Interview to clarify examiner's position before filing appeal.
• Complex technology that benefits from explanation: AI/ML, biotech, chemistry where claims need context.
• After second office action with similar rejections: Break the cycle by understanding examiner's real concerns.
• Before filing divisional application: Confirm examiner's view on claim splits.
• Anticipated allowance with claim amendments: Confirm narrow amendments will succeed.

When NOT to Interview

• First office action with simple rejections (handle by written response first)
• Restriction/election issues (procedural, not substantive)
• When you have no compelling new arguments
• When the examiner has already explained position clearly in writing

Requesting Procedure

1. Japanese counsel calls examiner: Brief 5-10 minute phone call to assess receptiveness.
2. Examiner agrees: Schedule date (typically 2-4 weeks out).
3. File interview request: Formal request submitted via JPO online system.
4. Pre-interview submission: Optional — submit interview presentation deck 1-2 days prior.
5. Interview held: At JPO Tokyo or Osaka office, or via video conference.
6. Record signed: Both parties review and sign Record of Interview within 1 week.

Preparation Checklist

• Master the cited prior art: Understand exactly what each cited reference teaches.
• Prepare claim charts: Side-by-side comparison of claims and cited art.
• Identify the 2-3 key technical distinctions: Most interviews succeed on 2-3 strong points.
• Prepare amendment proposals: Have 2-3 amendment alternatives ready.
• Coordinate with foreign counsel: Confirm authority on claim scope concessions.
• Plan for technical demonstration: Bring product samples, experimental data, or diagrams.
• Translate key documents: Foreign declarations need Japanese translation.
• Prepare backup arguments: If examiner rejects primary argument, have secondary fallback.

Interview Format

1. Opening (5 min): Introductions, agenda confirmation.
2. Examiner statement (15-30 min): Examiner explains current rejection in detail.
3. Applicant response (30-60 min): Counsel presents arguments with claim charts.
4. Discussion (30-60 min): Q&A between examiner and counsel.
5. Amendment proposals (15-30 min): Counsel proposes claim amendments.
6. Examiner indication (15 min): Examiner indicates which arguments/amendments are persuasive.
7. Next steps confirmation (10 min): Document agreed amendments, timeline for written response.

Follow-up Procedure

1. Receive draft Record of Interview (~3 days): Examiner drafts summary.
2. Review and request corrections (within 1 week): Critical — once signed, the Record is fixed.
3. File formal response to office action: Reference the interview record where applicable.
4. Implement agreed amendments: Match exactly what was discussed.
5. Receive subsequent action: Usually allowance or much narrower rejection.

Frequently Asked Questions

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