Can a protest be submitted after a notice of allowance has been issued?
No, a protest cannot be submitted after a notice of allowance has been issued. According to MPEP 1901.04:
“A protest submitted on or after the date a notice of allowance under 37 CFR 1.311 was given or mailed will not be entered and will be discarded pursuant to 37 CFR 1.291(g).“
This means that any protest received after the notice of allowance will not be considered and will be discarded by the USPTO. It’s crucial for protestors to submit their protests as early as possible in the examination process to ensure they are considered.
To learn more:
Topics:
MPEP 1900 - Protest
MPEP 1901.04 - When Can The Protest Be Submitted
Patent Law
Patent Procedure