What is a protest in patent examination?

A protest in patent examination is a mechanism that allows third parties to submit prior art or other information relevant to the patentability of a pending patent application. The process is outlined in MPEP Chapter 1900, which states:

“The protest procedure permits members of the public to submit information to the Office for consideration in the examination of applications.”

Protests are typically filed to challenge the novelty or non-obviousness of an invention claimed in a pending application.

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Tags: patent examination, patentability, prior art, protest, third-party submission