How are protests handled for unpublished patent applications?

For unpublished patent applications, the handling of protests differs from published applications. According to MPEP 1901.05:

“If a protest is filed in a reissue application or if a protest is filed in an application where the existence of the application is not public, e.g., an application that has not been published, the return postcard receipt will be mailed, and the Office of Patent Application Processing (OPAP) will enter the protest and forward it to the examiner.”

In these cases, the protestor receives only a return postcard receipt, and no further acknowledgment is provided to maintain the confidentiality of the unpublished application.

To learn more:

• unpublished applications
• reissue applications
• protest handling
• confidentiality