2.7.2 Interviews

In principle, the refusal of a request for an interview with the examiner concerned does not contravene any of the rules of procedure contained in the EPC. A consultation request from the applicant should usually granted unless the nature of the issue to be discussed requires formal proceedings or the examiner believes that no useful purpose would be served by such a discussion (Guidelines C‑VII, 2, March 2022 version).

In T 98/88 it was held that Art. 116 EPC 1973 gave every party the absolute right to oral proceedings, but not the right to an interview with a particular member of an examining division. It was for the examiner concerned to decide whether such an interview should take place (see also T 589/93). In T 193/93, the board held that examiners were under no obligation to grant an "interview" (T 235/85, T 909/95).

In T 409/87 the board noted that a request for an interview was clearly not, by itself, a request for oral proceedings and there was thus no obligation upon the examining division to grant a request for an interview when, as set out in the Guidelines, the examiner believed that no useful purpose would be served by such a discussion (see T 19/87, OJ 1988, 268, T 909/95). As an interview, in contrast to oral proceedings, is not a procedural step provided by the EPC, the refusal to grant a request for an interview was not a decision open to appeal and, therefore, does not fall under the provision of R. 68(2), first half-sentence, EPC 1973. See also T 283/88.

In T 299/86 date: 1987-09-23 (OJ 1988, 88) the board held that the right of a party to request oral proceedings under Art. 116 EPC 1973 was in no way affected by the fact that such party could have also requested and/or attended an interview with the examiner.

In T 808/94 the board stated that informal interviews (also called "personal consultation") and/or informal consultations by telephone which were carried out by the primary examiner alone could not replace duly requested oral proceedings under Art. 116 EPC 1973, which were to take place before all members of the examining division (Art. 18(2) EPC 1973).