What is the difference between third-party submissions under 37 CFR 1.290 and protests under 37 CFR 1.291?

There are several key differences between third-party submissions and protests:

• Timing: Third-party submissions under 37 CFR 1.290 can be made in published patent applications if they meet the timing requirements. Protests under 37 CFR 1.291 are more restricted after publication.
• Content: Third-party submissions are limited to printed publications. Protests can include other information adverse to patentability and arguments.
• Explanation of Relevance: Third-party submissions require a “concise description of relevance” for each document. Protests require a “concise explanation of the relevance” which can include arguments against patentability.

The MPEP states: “Unlike the concise description of relevance for a third-party submission under 37 CFR 1.290, which is limited to a description of a document’s relevance, the concise explanation for a protest under 37 CFR 1.291 allows for arguments against patentability.“

To learn more:

• third-party submissions
• protests
• 37 CFR 1.290
• 37 CFR 1.291
• patent applications
• relevance explanation