What are the limitations on a protestor’s participation in reissue applications involved in litigation?

Protestors’ participation in reissue applications, including those involved in litigation, is subject to specific limitations as outlined in USPTO regulations. These limitations are designed to balance public input with the efficient examination of patent applications.

According to MPEP 1404: “Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c).”

Key limitations on protestor participation include:

• Protests must be submitted prior to the date the application was published or a notice of allowance was mailed, whichever occurs first.
• No more than one protest may be entered by the same party, except with the express permission of the Director.
• Protestors do not have the right to participate beyond the submission of the initial protest.

For more detailed information on protestor participation, refer to MPEP § 1901.07.

To learn more:

• protestor participation
• reissue applications
• patent litigation
• USPTO procedures
• patent protest