What information must be included in a protest under 37 CFR 1.291?

A protest under 37 CFR 1.291 must include specific information to be considered by the USPTO. According to MPEP 1901, the protest must include:

  • A listing of the patents, publications, or other information relied upon;
  • A concise explanation of the relevance of each listed item;
  • A copy of each listed patent, publication, or other item of information in written form, or at least the pertinent portions thereof;
  • An English language translation of all necessary and pertinent parts of any non-English language document relied upon.

The MPEP states:

“The protest must include a copy of each listed patent, publication, or other item of information in written form, or at least the pertinent portions thereof; and English language translations of all necessary and pertinent parts of any non-English language document relied on.”

It’s crucial to provide this information to ensure the protest is properly considered by the examiner.

To learn more:

Topics: MPEP 1900 - Protest, MPEP 1901 - Protest Under 37 Cfr 1.291, Patent Law, Patent Procedure
Tags: document translation, Patent Information, Protest Requirements, USPTO Guidelines