Can a protestor submit information about potential inequitable conduct in a protest?

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.

Yes, a protestor can submit information about potential inequitable conduct in a protest. MPEP 1901.02 explicitly states:

“Information which can be relied on in a protest… includes information indicating that fraud or inequitable conduct is or was involved in the prosecution of a patent or patent application.”

This means that if a protestor has knowledge of any actions that might constitute inequitable conduct during the patent application process, they can include this information in their protest. However, it’s important to note that such allegations should be substantiated with evidence to be considered by the examiner.