Can a protest include information about ongoing litigation related to the patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 include information about ongoing litigation related to the patent application. MPEP 1901.02 explicitly mentions this: “Information which can be relied on in a protest… includes information about other related litigation and governmental proceedings.” This means that if there are any ongoing court cases, administrative proceedings, or other governmental actions that are relevant to the patentability of the application, this information can be included in a protest. Such information might be valuable to the examiner in assessing the novelty or non-obviousness of the claimed invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Court-Imposed Protective Info Can Be Submitted in Protest MPEP 1901.02 Permitted Protests May Use Any Adverse Information MPEP 1901.02 Permitted Any Information Adverse to Patentability Can Be Used in Protest MPEP 1901.02 Permitted Content Over Form In Protests MPEP 1901.02 Office May Consider Non-Prior Art Evidence in Protests MPEP 1901.02 Prohibited Protest Content Must Follow Specific Format MPEP 1901.02 Required Types of Information for Patent Protest MPEP 1901.02 Permitted Fraud or Disclosure Violation Can Be Protested MPEP 1901.02 Permitted Protest Evidence Must Be Authenticated and Valued MPEP 1901.02 Required Trade Secrets Can Be Submitted in Protests MPEP 1901.02 Permitted Other Related FAQs 5 FAQs Collapse Can a protestor submit information about potential inequitable conduct in a protest? How does MPEP 1901.02 address information about potential interferences in protests? What types of information can be included in a protest under 37 CFR 1.291? What types of prior art can be submitted in a protest under M...