What happens to incomplete protests or those that don’t comply with regulations?
Incomplete protests or those that don’t comply with regulations are not accepted by the Patent Office. The MPEP 1901.07(a) states: “Under 37 CFR 1.291(d), protestor participation ends with the filing of the protest, and protestor will not be allowed to complete any protest that is incomplete.” Furthermore, for second or subsequent protests that do not comply with the requirements, the MPEP specifies: “Second or subsequent protest by the same real party in interest that do not comply with 37 CFR 1.291(c)(5) will not be entered in the intended application and will be returned to the protestor, or discarded, at the option of the Office.” This means that protestors must ensure their submissions are complete and compliant with all regulations to be considered by the Patent Office.
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