What happens if a protest is not matched with the correct 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.

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.