What should an examiner do if a protest is filed against a reissue 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.

When a protest is filed against a reissue application, the examiner should take the following steps:

• Determine if a protest has been filed.
• If a protest exists, handle it according to the procedures set forth in MPEP § 1901.06.
• Consider the specific guidelines for protests under 37 CFR 1.291 in reissue applications, as outlined in MPEP § 1441.01.

The MPEP states: “The examiner should determine if a protest has been filed, and if so, it should be handled as set forth in MPEP § 1901.06.”

Examiners must carefully review the protest and its implications for the reissue application, ensuring that all relevant issues raised are addressed during examination.