Can a protest be filed in a reissue application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a protest can be filed in a reissue application, but there are specific timing considerations. According to MPEP 1901.04:

“A protest may be filed in a reissue application throughout the pendency of the reissue application prior to the date a notice of allowance is given or mailed subject to the timing constraint of the examination.“

However, it’s important to note that protests for reissue applications are recommended to be filed within a specific timeframe:

“A protest with regard to a reissue application should, however, be filed within the 2-month period following announcement of the filing of the reissue application in the Official Gazette.“

While protests can be submitted later, doing so within the 2-month period ensures they are considered before the examination process advances too far.