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What is the deadline for submitting a protest before publication of a patent application?

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What is the deadline for submitting a protest before publication of a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 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.

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.

  • Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required
  • Protest Must Be Filed Before Notice of AllowanceMPEP 1901Required
  • Protests Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Timely Protest Before Allowance NotificationMPEP 1901.04
  • Protest Must Be Submitted Promptly After Awareness of ApplicationMPEP 1901.04Recommended
  • Protest After Allowance Not AllowedMPEP 1901.04
  • Written Protest Required Before PublicationMPEP 1901
  • Portion of Non-English Document Must Be Submitted with TranslationMPEP 1901Required
  • Protest Filing Requirements for Patent ApplicationsMPEP 1901
  • Can a protest be submitted anonymously?
  • How does the publication of an international application affect the protest submission period?
  • What is the deadline for submitting a protest against a patent application?
  • Can a protest be submitted after a notice of allowance has been issued?
  • What happens if a protest is filed after the final rejection in a patent application?
Topics: MPEP 1900 - Protest MPEP 1901.04 - When Can The Protest Be Submitted Patent Law Patent Procedure
Tags: Notice Content Form, protest, Protest Examiner Action, Protest Timing, reissue fees
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