What happens if a protest is not matched with the correct application?
What happens if a protest is not matched with the correct application?
If a protest is not properly matched with the correct application, it may not be considered or may be considered untimely. The MPEP 1901.03 emphasizes the importance of correct identification:
“It is important that the cover letter be clearly identified as a protest submission to ensure that the protest is matched with the intended application file and to ensure that the protest is considered timely if filed prior to publication of patent application.”
To avoid this issue, protestors should:
- Clearly identify the application or patent number in the cover letter
- Label the submission as a protest
- Double-check all identifying information before submission
If a mismatch occurs, the protest may not be properly considered, potentially affecting its effectiveness in the patent examination process.
To learn more:
Topics:
MPEP 1900 - Protest
MPEP 1901.03 - How Protest Is Submitted
Patent Law
Patent Procedure