What are the time limits for filing a protest under 37 CFR 1.291?
The time limits for filing a protest under 37 CFR 1.291 are as follows:
- A protest must be submitted prior to the date the application was published or the mailing of a notice of allowance under 37 CFR 1.311, whichever occurs first.
- If the protest is accompanied by the written consent of the applicant, it may be submitted at any time before the patent is granted.
As stated in the MPEP 1901: “A protest filed after final rejection or allowance will not be entered into the record or considered, except as provided under 37 CFR 1.291(c)(2).”
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901 - Protest Under 37 Cfr 1.291,
Patent Law,
Patent Procedure