MPEP § 1901.05 — Acknowledgment of Protest (Annotated Rules)

§1901.05 Acknowledgment of Protest

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1901.05, 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.

Acknowledgment of Protest

This section addresses Acknowledgment of Protest. Primary authority: 35 U.S.C. 122, 35 U.S.C. 122(b), and 37 CFR 1.291(d). Contains: 1 requirement, 1 prohibition, 4 permissions, and 2 other statements.

Key Rules

Topic

Reissue Application Filing

2 rules
StatutoryPermittedAlways
[mpep-1901-05-bf4cc6ab83876e0b99acf1e2]
Protestor Cannot Receive Communications Other Than Acknowledgment
Note:
A protestor in an original or reissue application will only receive acknowledgment of the protest via a return postcard, not any other communications from the Office.

A protestor in an original or reissue application will not receive any communications from the Office relating to the protest, or to the application, other than the return of a self-addressed postcard which protestor may include with the protest in order to receive an acknowledgment that the protest has been received by the Office. 37 CFR 1.291(d). Where a self-addressed postcard is included with the protest, the Office will acknowledge receipt of the protest by return of the self-addressed postcard. Thus, it is to be noted that the receipt of the self-addressed postcard from the Office is not an indication that the protest complies with 37 CFR 1.291.

Jump to MPEP Source · 37 CFR 1.291(d)Reissue Application FilingProtest PracticeReissue Patent Practice
StatutoryProhibitedAlways
[mpep-1901-05-33370a2fd750f41aafc11045]
Protest Acknowledgment Must Not Indicate Application Status
Note:
The postcard acknowledging receipt of a protest must not reveal whether an application exists or its status.

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Reissue Application FilingProtest PracticeReissue Patent Practice
Topic

Protest Filing Requirements

2 rules
StatutoryInformativeAlways
[mpep-1901-05-21fdd42431a348ef17283757]
Protestor Receives Only Acknowledgment Postcard
Note:
A protestor in an application will receive only a postcard acknowledging receipt of the protest, not any other communications from the Office.

A protestor in an original or reissue application will not receive any communications from the Office relating to the protest, or to the application, other than the return of a self-addressed postcard which protestor may include with the protest in order to receive an acknowledgment that the protest has been received by the Office. 37 CFR 1.291(d). Where a self-addressed postcard is included with the protest, the Office will acknowledge receipt of the protest by return of the self-addressed postcard. Thus, it is to be noted that the receipt of the self-addressed postcard from the Office is not an indication that the protest complies with 37 CFR 1.291.

Jump to MPEP Source · 37 CFR 1.291(d)Protest Filing RequirementsProtest PracticeReissue Application Filing
StatutoryInformativeAlways
[mpep-1901-05-9875008194169b0703aad23f]
Protest Receipt Confirmation via Self-Addressed Postcard
Note:
The Office will return a self-addressed postcard to acknowledge receipt of the protest, but this does not indicate compliance with filing requirements.

A protestor in an original or reissue application will not receive any communications from the Office relating to the protest, or to the application, other than the return of a self-addressed postcard which protestor may include with the protest in order to receive an acknowledgment that the protest has been received by the Office. 37 CFR 1.291(d). Where a self-addressed postcard is included with the protest, the Office will acknowledge receipt of the protest by return of the self-addressed postcard. Thus, it is to be noted that the receipt of the self-addressed postcard from the Office is not an indication that the protest complies with 37 CFR 1.291.

Jump to MPEP Source · 37 CFR 1.291(d)Protest Filing RequirementsProtest PracticeReissue Application Filing
Topic

Copies of Patents and Applications

2 rules
StatutoryRequiredAlways
[mpep-1901-05-1a7c9b036d9694a3ffc2d80a]
Office Employees Must Not Discuss Applications with Protestors
Note:
Office employees are required to avoid discussing application matters and not communicate such information in writing to protestors.

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Copies of Patents and ApplicationsAccess to Patent File WrapperAccess to Published Application File
StatutoryPermittedAlways
[mpep-1901-05-a7014621fcf0578407438bbb]
Request for Published Application File Contents Allowed
Note:
A written request under 37 CFR 1.14(a)(1)(i) can be filed to obtain a copy of the published application file contents, including payment of the fee as set forth in 37 CFR 1.19(b).

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Copies of Patents and ApplicationsAccess to Published Application FileFees for Third Party Access
Topic

Third Party Access to Files (MPEP 103, 1134.01)

2 rules
StatutoryRequiredAlways
[mpep-1901-05-f02eb2e3a7a841cf2521357d]
Protestor Cannot Obtain Information on Unpublished Original Applications
Note:
Protestors are not entitled to obtain information about unpublished original applications unless granted access, including confirmation of their existence.

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Third Party Access to Files (MPEP 103, 1134.01)Access to Application FilesProtest Content and Evidence
StatutoryInformativeAlways
[mpep-1901-05-c6d68b176a378945e72b8015]
Reissue Applications Filed On Or After March 1, 1977 Are Open To Public Inspection
Note:
This rule states that reissue applications submitted on or after March 1, 1977 are open for public inspection under 37 CFR 1.11(b).

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Third Party Access to Files (MPEP 103, 1134.01)Access to Patent Application Files (MPEP 101-106)Reissue Patent Practice
Topic
2 rules
Topic

Prior Art Submissions in Protests

1 rules
StatutoryInformativeAlways
[mpep-1901-05-72d98f786073c0fe05559d63]
Petitions for Access to Patent Applications Decided by Office of Petitions
Note:
Petitions for access to patent applications, except those involved in or related to a proceeding before the Patent Trial and Appeal Board, are decided by the Office of Petitions.

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Prior Art Submissions in ProtestsAccess to Application FilesPTAB Jurisdiction
Topic

Access to Patent File Wrapper

1 rules
StatutoryInformativeAlways
[mpep-1901-05-4c4e7e76dec9b1ec6ab9ce2e]
Application File Contents Become Public After Publication Under 35 U.S.C. 122(b)
Note:
After an application is published under 35 U.S.C. 122(b), the contents of its file become available to the public through the Office's website.

The postcard acknowledging receipt of a protest in other than a reissue application will not and must not indicate whether such application in fact exists or the status of any such application. Office employees must exercise care to ensure that matters relating to applications are not discussed with protestor or communicated in writing to protestor. See MPEP § 1134. Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi). Thus, unless a protestor has been granted access to an original application, the protestor is not entitled to obtain from the Office any information concerning the same, including the mere fact that such an application exists. Petitions for access to patent applications with the exception of applications involved in or related to a proceeding before the Patent Trial and Appeal Board are decided by the Office of Petitions pursuant to delegation contained in MPEP § 1002.02(b). Reissue applications filed on, or after, March 1, 1977 are pursuant to 37 CFR 1.11(b) “open to inspection by the public.” After an application is published pursuant to 35 U.S.C. 122(b), the application file contents become available to the public through the Office’s public application image file wrapper via the Office's website. In addition, a copy of the file content of the published application may be requested by filing a written request under 37 CFR 1.14(a)(1)(i) including the fee as set forth in 37 CFR 1.19(b).

Jump to MPEP Source · 37 CFR 1.14(a)(1)(iv)Access to Patent File WrapperThird Party Access to Files (MPEP 103, 1134.01)Access to Application Files

Citations

Primary topicCitation
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
35 U.S.C. § 122
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
35 U.S.C. § 122(b)
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.11(b)
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.14(a)(1)(i)
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.14(a)(1)(iv)
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.19(b)
Protest Filing Requirements
Reissue Application Filing
37 CFR § 1.291
Protest Filing Requirements
Reissue Application Filing
37 CFR § 1.291(d)
Protest with Applicant Consent37 CFR § 1.291(f)
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
MPEP § 1002.02(b)
Access to Patent File Wrapper
Copies of Patents and Applications
Prior Art Submissions in Protests
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
MPEP § 1134
Protest with Applicant ConsentMPEP § 1901.06

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.

BlueIron Last Updated: 2025-12-31