What is the deadline for submitting a protest before publication of a patent application?
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.
The deadline for submitting a protest before publication of a patent application is the date the application is published or the date a notice of allowance is mailed, whichever occurs first. According to MPEP 1901.04:
“A protest submitted prior to publication … will be entered into the record of the application if … received by the Office prior to the date the application was published or the mailing of a notice of allowance under 37 CFR 1.311, whichever occurs first.”
It’s crucial for potential protestors to monitor the status of patent applications and submit their protests in a timely manner to ensure they are entered into the record.