What types of information can be included in a patent protest?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 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. A patent protest can include a wide range of information. According to the MPEP, “ Submissions under 37 CFR 1.291 are not limited to prior art documents such as patents and publications, but are intended to include any information, which in the protestor’s opinion, would make or have made the grant of the patent improper .” This can include evidence of fraud, inequitable conduct, or violation of the duty of disclosure. The MPEP further clarifies that such information “ will be entered in the application file, generally without comment on the inequitable conduct issues raised in it .” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Protestor Can Submit Any Relevant Information MPEP 2013 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Public May Protest Pending Applications MPEP 2013 Duty to Disclose Material Information to USPTO MPEP 2000 Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000 Correction of Erroneous Material Information in Record Permitted Without Deceptive Intent MPEP 2000 Permitted Other Related FAQs 5 FAQs Collapse What are the requirements for filing a patent protest? How does the USPTO handle protests involving fraud or inequitable conduct? What is a protest in patent law? What happens if fraud is discovered during a reissue application? How does fraud or inequitable conduct affect reissue applications?