What are the requirements for filing a second or subsequent protest?

Filing a second or subsequent protest requires meeting specific conditions as outlined in MPEP 1901.07(a). According to the manual, “37 CFR 1.291(c)(5) requires that a second or subsequent protest by the same real party in interest include:

• (A) an explanation as to why the issue(s) raised in the second or subsequent protest are significantly different than those raised earlier;
• (B) an explanation as to why the significantly different issue(s) were not earlier presented; and
• (C) the processing fee under 37 CFR 1.17(i).

Additionally, the protest must contain new, non-cumulative prior art or other information not previously made of record. It’s important to note that these requirements cannot be avoided by having different people represent the same real party in interest submit multiple protests.

To learn more:

• subsequent protest
• new issues
• processing fee
• non-cumulative prior art