What happens if a protest is non-compliant with USPTO regulations?

According to MPEP 1901.06, the treatment of non-compliant protests depends on the nature and extent of the non-compliance:

• Protests that fail to comply with 37 CFR 1.291(b) or (c) may not be entered.
• However, if the error is minor and does not raise ambiguity about the protest’s content, it may still be entered at the discretion of the Office.
• The Office will either enter or not enter the entire protest and will not attempt to enter portions of partially compliant protests.
• Improper protests may be returned to the protestor or discarded at the option of the Office.

The MPEP states: “A protest that is non-compliant with some requirement of 37 CFR 1.291(b) or (c), may be entered into the record if the reviewer determines that the error is of such a minor character that, in the opinion of the Office, it does not raise an ambiguity as to the content of the protest.“

If an examiner believes a protest is non-compliant, they should immediately consult with the reviewer of the protest or other appropriate Technology Center point of contact.

To learn more:

• protest
• non-compliance
• USPTO regulations