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

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.

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Topics: MPEP 1900 - Protest, MPEP 1901.02 - Information Which Can Be Relied On In Protest, Patent Law, Patent Procedure
Tags: MPEP 1901.02, patent examination