I am inventor and have set an interview with examiner. I added my programmer (who is not inventor) to name to attend the interview.
However, now i searched internet, in some forums people are saying only inventor/applicant or attorney or registered agent could participate.
My question is:
could my programmer whose name is not on application be present with me (inventor/applicant) during patent examiner interview. Is he allowed to talk and negotiate/discuss.
First, only a patent attorney or patent agent can represent an applicant before the USPTO.
If you want your "programmer" to represent you, he can't do that.
Second, if you are the sole inventor, what do you need your programmer for?
If your programmer contributed to the conception of this invention, as claimed, and is not named as an inventor on the patent application, that is a problem.
If your programmer did not contribute to the conception of the invention as claimed, then why do you want the programmer to be there?
You should discuss this situation with a registered patent attorney. Many registered patent attorneys, such as myself offer free initial telephone consultations.
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Experts frequently accompany an inventor in an Examiner's Interview. Experts are generally introduced to an Examiner via an Affidavit or Declaration seeing out the Expert's credentials and opinions. The Examiner will normally already have read the Expert's comments and conclusions which were presented with a request for the Examiner to withdraw a rejection. The Examiner will likely allow your assistant to comment but will not be able to recognize the credentials without a writing. Confer with IP Counsel.
My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.
Your programmer can assist you, as a technical expert, in your interview. He cannot represent you or negotiate on your behalf. That can only be done by you, your co-inventor and a Registered patent agent or Patent Attorney.
For more detailed advice, I recommend that you retain an experienced Registered Patent attorney to advise you in confidence about your options and potential costs. Many IP specialty firms, like ours, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Registered Patent attorney who can assist you.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
Your programmer is not attending to represent you, but is only there to provide additional information (such as on the state of the art or other comparable technologies) right?
You may have him there as an expert, though I have personally had some examiners take issue with anyone else in an interview being present who is not an inventor or patent counsel (or agent).
If you are trying to convince the examiner of a specific point during the interview, the programmer can speak if he is later able to file a declaration to support his statements during the interview.
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