How does the USPTO communicate with applicants regarding protests?
The USPTO communicates directly with the applicant, not the protestor, regarding any protests filed against their application. According to MPEP 1901.05:
“The Office will communicate with the applicant regarding any protest entered in an application file and may require the applicant to supply information pursuant to 37 CFR 1.291(f), including replies to specific questions raised by the protest, in order for the Office to decide any issues raised thereby.”
This means that the examiner can request additional information from the applicant to address issues raised in the protest, ensuring a fair examination process.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901.05 - Acknowledgment Of Protest,
Patent Law,
Patent Procedure