What is a protest in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. A protest in patent examination is a mechanism that allows third parties to submit prior art or other information relevant to the patentability of a pending patent application. The process is outlined in MPEP Chapter 1900 , which states: “The protest procedure permits members of the public to submit information to the Office for consideration in the examination of applications.” Protests are typically filed to challenge the novelty or non-obviousness of an invention claimed in a pending application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Consider Third-Party Submission After Publication MPEP 1901 Party Can Protest Pending Application and Call Attention to Prior Art MPEP 1901 Permitted Item of Other Information Must Be Dated If Known MPEP 1901 Submission of Other Information Including Adverse Facts Required MPEP 1901 Protestor May List Non-Publication Documents as Other Info MPEP 1901 Permitted Protest Not Allowed In Provisional Application MPEP 1901 Prohibited Protest Filing Requirements for Patent Applications MPEP 1901 First Protest Not Required to Include Statement MPEP 1901 Required Public Can Protest Pending Patents If Identified MPEP 1901 Permitted Inadequate Protest Identification Not Entertained MPEP 1901 Prohibited Other Related FAQs 5 FAQs Collapse Can third parties file an Information Disclosure Statement? What should an examiner do if a protest is filed against a reissue application? How are protests against patent issuance handled by Technology Center Directors? What are the limitations on a protestor&#8217;s participation in reissue applications involved in litigation? What are the main provisions for third-party submissions in patent appl...