What statement must accompany a patent protest?
According to MPEP 1901.01, a protest must be accompanied by a specific statement. The MPEP states:
“In accordance with 37 CFR 1.291(b)(2), a statement must accompany the protest that it is the first protest submitted in the application by the real party in interest who is submitting the protest.”
This statement is crucial because it helps the USPTO identify whether the protest is the first one submitted by a particular real party in interest. If it’s not the first protest, additional requirements under 37 CFR 1.291(c)(5) must be met.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901.01 - Who Can Protest,
Patent Law,
Patent Procedure