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What are the time limitations for submitting a protest in a patent application?

A

What are the time limitations for submitting a protest in a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 Related FAQs

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.

There are specific time limitations for submitting a protest in a patent application:

  • For unpublished applications, the protest must be submitted prior to the date the application was published or the mailing of a notice of allowance, whichever occurs first.
  • For published applications, the protest must be submitted prior to the mailing of a notice of allowance.

As stated in MPEP 1901.03: “A protest submitted after the mailing of a notice of allowance will not be entered and will be returned.” It’s crucial to submit the protest within these time frames to ensure it’s considered by the USPTO.

  • Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required
  • Protest Must Be Filed Before Notice of AllowanceMPEP 1901Required
  • Protest Must Be Submitted By MailMPEP 1901.03Prohibited
  • Protest Must Be Submitted In Writing With Specific Information ListMPEP 1901.03Required
  • Protest Must Be Submitted by MailMPEP 1901.03Permitted
  • Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required
  • Protest Must Include Specific Information and DocumentsMPEP 1901Required
  • Protest Must Include Detailed Information List and Supporting DocumentsMPEP 1901Required
  • Protest Must Identify Pending ApplicationMPEP 1901.03
  • Can a protestor submit additional information after filing a protest?
  • Can a protest be submitted anonymously to the USPTO?
  • What happens if a protest is not matched with the correct application?
  • Can a protest be submitted electronically to the USPTO?
  • What are the requirements for a cover letter in a patent protest?
Topics: MPEP 1900 - Protest MPEP 1901.03 - How Protest Is Submitted Patent Law Patent Procedure
Tags: director authority, protest, Protest Consent, Protest Examiner Action, Protest Prior Art
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