Can a protestor file multiple protests for the same application?

Generally, a protestor is not allowed to file multiple protests for the same application, with some exceptions. According to MPEP 1901.07(a), “37 CFR 1.291(c) does not provide for the submission of additional protests in the same application by the same real party in interest except for submissions filed in accordance with 37 CFR 1.291(c)(5).” However, a second or subsequent protest may be considered if it meets specific conditions:

• It includes an explanation of why the issues raised are significantly different from those in the earlier protest
• It explains why these significantly different issues were not presented earlier
• It includes the processing fee under 37 CFR 1.17(i)
• It contains new, non-cumulative prior art or other information not previously made of record

Multiple piecemeal protests or protests raising slightly different issues in each submission are not permitted.

To learn more:

• multiple protests
• patent application
• significantly different issues
• non-cumulative prior art