MPEP § 2013 — Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure (Annotated Rules)
§2013 Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
This page consolidates and annotates all enforceable requirements under MPEP § 2013, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
This section addresses Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure. Primary authority: 37 CFR 1.291 and 37 CFR 1.291(a). Contains: 2 guidance statements and 2 other statements.
Key Rules
Protest Filing Requirements
37 CFR 1.291 permits protests by the public against pending applications.
Prior Art Submissions in Protests
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 (see MPEP § 1901.02). This includes, of course, information indicating the presence of “fraud” or “inequitable conduct” or “violation of the duty of disclosure,” which will be entered in the application file, generally without comment on the inequitable conduct issues raised in it.
Duty of Disclosure
Protests should be in conformance with 37 CFR 1.291(a) and (b), and include a statement of the alleged facts involved, the point or points to be reviewed, and the action requested. Any briefs or memoranda in support of the petition, and any affidavits, declarations, depositions, exhibits, or other material in support of the alleged facts, should accompany the protest.
Material Information Definition
Protests should be in conformance with 37 CFR 1.291(a) and (b), and include a statement of the alleged facts involved, the point or points to be reviewed, and the action requested. Any briefs or memoranda in support of the petition, and any affidavits, declarations, depositions, exhibits, or other material in support of the alleged facts, should accompany the protest.
Citations
| Primary topic | Citation |
|---|---|
| Prior Art Submissions in Protests Protest Filing Requirements | 37 CFR § 1.291 |
| Duty of Disclosure Material Information Definition | 37 CFR § 1.291(a) |
| Prior Art Submissions in Protests | MPEP § 1901.02 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2013 — Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
Source: USPTO2013 Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure [R-08.2017]
37 CFR 1.291 permits protests by the public against pending applications.
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 (see MPEP § 1901.02). This includes, of course, information indicating the presence of “fraud” or “inequitable conduct” or “violation of the duty of disclosure,” which will be entered in the application file, generally without comment on the inequitable conduct issues raised in it.
Protests should be in conformance with 37 CFR 1.291(a) and (b), and include a statement of the alleged facts involved, the point or points to be reviewed, and the action requested. Any briefs or memoranda in support of the petition, and any affidavits, declarations, depositions, exhibits, or other material in support of the alleged facts, should accompany the protest.