What types of prior art can be submitted in a protest under MPEP 1901.02?

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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. According to MPEP 1901.02 , protestors can submit various types of prior art in a protest, including: Patents or publications Information on public use or sale Information on other public knowledge or activities Potential interferences The MPEP states: “The protest may be based on any facts or information of which the protestor has knowledge.” This allows for a wide range of information to be considered, as long as it’s relevant to the patentability of the application in question. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Court-Imposed Protective Info Can Be Submitted in Protest MPEP 1901.02 Permitted Information on Public Use or Sale Required for Protest MPEP 1901.02 Trade Secrets Can Be Submitted in Protests MPEP 1901.02 Permitted Types of Information for Patent Protest MPEP 1901.02 Permitted Evidence for Public Use or Sale Must Be Submitted MPEP 1901.02 Protests May Use Any Adverse Information MPEP 1901.02 Permitted Any Information Adverse to Patentability Can Be Used in Protest MPEP 1901.02 Permitted Party Can Protest Pending Application and Call Attention to Prior Art MPEP 1901 Permitted Information Showing Public Use Bars Patenting MPEP 1901.02 Evidence for Public Use or Sale Must Be Supported by Affidavits MPEP 1901.02 Permitted Other Related FAQs 5 FAQs Collapse Can a protestor submit information about potential inequitable conduct in a protest? Can a protest include information about ongoing litigation related to the patent application? How does MPEP 1901.02 address information about potential interferences in protests? What types of information can be included in a protest under 37 CFR 1.291? How does the USPTO handle protected or secret informat...