What is considered ex parte communication in patent protests?
Ex parte communication in the context of patent protests refers to any one-sided or private communication between a protestor and USPTO personnel regarding substantive matters of a patent application. The MPEP Section 1907 provides guidance on this issue:
“Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex parte with protestor or communicated in writing ex parte to protestor.”
This includes both verbal discussions and written communications. Such communications are prohibited to maintain the fairness and transparency of the patent examination process. All substantive matters should be handled through official channels and documented in the application file.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1907 - Unauthorized Participation By Protestor,
Patent Law,
Patent Procedure