When can a protest be filed in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. According to MPEP 1901 , protests must be filed within specific time frames: With the exception of a protest accompanied by a written consent of the applicant, all protests must be submitted prior to the publication of the application or the date a notice of allowance is given or mailed, whichever occurs first. Additionally, for reissue applications: A protest with regard to a reissue application should, however, be filed within the 2-month period following the announcement of the filing of the reissue application in the Official Gazette. It’s important to note that protests cannot be filed in provisional applications, as these are not examined. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Protest Must Be Filed Before Notice of Allowance And Have Applicant’s Consent MPEP 1901 Required Protest Not Allowed In Provisional Applications MPEP 1901 Protest Must Be Filed Before Notice of Allowance MPEP 1901 Required Protest Must Be Filed Within 2 Months of Official Gazette Announcement MPEP 1901 Recommended Protest Not Allowed In Provisional Application MPEP 1901 Prohibited Protests Must Be Filed Before Publication Or Allowance MPEP 1901 Required Protest Must Be Filed Before Publication Or Allowance MPEP 1901 Required Written Protest Required Before Publication MPEP 1901 Protests Must Comply With Requirements MPEP 1901 Prohibited Portion of Non-English Document Must Be Submitted with Translation MPEP 1901 Required Other Related FAQs 5 FAQs Collapse Can a protest be filed anonymously under 37 CFR 1.291? What happens if a protest is filed after the time limit under 37 CFR 1.291? What information must be included in a protest? What happens if a protest is filed after th...