What information must be included in a protest under 37 CFR 1.291?

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.

A protest under 37 CFR 1.291 must include specific information to be considered by the USPTO. According to MPEP 1901, the protest must include:

• A listing of the patents, publications, or other information relied upon;
• A concise explanation of the relevance of each listed item;
• A copy of each listed patent, publication, or other item of information in written form, or at least the pertinent portions thereof;
• An English language translation of all necessary and pertinent parts of any non-English language document relied upon.

The MPEP states:

“The protest must include a copy of each listed patent, publication, or other item of information in written form, or at least the pertinent portions thereof; and English language translations of all necessary and pertinent parts of any non-English language document relied on.”

It’s crucial to provide this information to ensure the protest is properly considered by the examiner.