Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 1900 – Protest (2)
A protest filed after final rejection but before the notice of allowance is issued may still be considered, subject to certain conditions. According to MPEP 1901.04:
“A protest filed after final rejection (and prior to the date the notice of allowance is given or mailed) and complying with all the requirements of 37 CFR 1.291 will be considered if the application is still pending.“
However, the MPEP also notes:
“However, prosecution will not ordinarily be reopened after final rejection if the prior art cited in the protest is merely cumulative of the prior art cited in the final rejection.“
This means that while the protest may be considered, it’s less likely to impact the examination if it doesn’t provide new, non-cumulative prior art or information.
To learn more:
When submitting prior art with a patent protest, follow these guidelines:
- Include a copy of each prior art document relied upon.
- Provide an English language translation of any non-English language prior art.
- Highlight the relevant parts of the prior art documents.
According to MPEP 1901.03: “Copies of any prior art or other documents relied upon should be provided.” Additionally, the MPEP states: “A translation of the pertinent portions of any non-English language prior art should also be provided.” By following these guidelines, you ensure that the examiner can easily understand and consider the relevance of the submitted prior art to the patent application under protest.
To learn more:
MPEP 1901.03 – How Protest Is Submitted (1)
When submitting prior art with a patent protest, follow these guidelines:
- Include a copy of each prior art document relied upon.
- Provide an English language translation of any non-English language prior art.
- Highlight the relevant parts of the prior art documents.
According to MPEP 1901.03: “Copies of any prior art or other documents relied upon should be provided.” Additionally, the MPEP states: “A translation of the pertinent portions of any non-English language prior art should also be provided.” By following these guidelines, you ensure that the examiner can easily understand and consider the relevance of the submitted prior art to the patent application under protest.
To learn more:
MPEP 1901.04 – When Can The Protest Be Submitted (1)
A protest filed after final rejection but before the notice of allowance is issued may still be considered, subject to certain conditions. According to MPEP 1901.04:
“A protest filed after final rejection (and prior to the date the notice of allowance is given or mailed) and complying with all the requirements of 37 CFR 1.291 will be considered if the application is still pending.“
However, the MPEP also notes:
“However, prosecution will not ordinarily be reopened after final rejection if the prior art cited in the protest is merely cumulative of the prior art cited in the final rejection.“
This means that while the protest may be considered, it’s less likely to impact the examination if it doesn’t provide new, non-cumulative prior art or information.
To learn more:
Patent Law (2)
A protest filed after final rejection but before the notice of allowance is issued may still be considered, subject to certain conditions. According to MPEP 1901.04:
“A protest filed after final rejection (and prior to the date the notice of allowance is given or mailed) and complying with all the requirements of 37 CFR 1.291 will be considered if the application is still pending.“
However, the MPEP also notes:
“However, prosecution will not ordinarily be reopened after final rejection if the prior art cited in the protest is merely cumulative of the prior art cited in the final rejection.“
This means that while the protest may be considered, it’s less likely to impact the examination if it doesn’t provide new, non-cumulative prior art or information.
To learn more:
When submitting prior art with a patent protest, follow these guidelines:
- Include a copy of each prior art document relied upon.
- Provide an English language translation of any non-English language prior art.
- Highlight the relevant parts of the prior art documents.
According to MPEP 1901.03: “Copies of any prior art or other documents relied upon should be provided.” Additionally, the MPEP states: “A translation of the pertinent portions of any non-English language prior art should also be provided.” By following these guidelines, you ensure that the examiner can easily understand and consider the relevance of the submitted prior art to the patent application under protest.
To learn more:
Patent Procedure (2)
A protest filed after final rejection but before the notice of allowance is issued may still be considered, subject to certain conditions. According to MPEP 1901.04:
“A protest filed after final rejection (and prior to the date the notice of allowance is given or mailed) and complying with all the requirements of 37 CFR 1.291 will be considered if the application is still pending.“
However, the MPEP also notes:
“However, prosecution will not ordinarily be reopened after final rejection if the prior art cited in the protest is merely cumulative of the prior art cited in the final rejection.“
This means that while the protest may be considered, it’s less likely to impact the examination if it doesn’t provide new, non-cumulative prior art or information.
To learn more:
When submitting prior art with a patent protest, follow these guidelines:
- Include a copy of each prior art document relied upon.
- Provide an English language translation of any non-English language prior art.
- Highlight the relevant parts of the prior art documents.
According to MPEP 1901.03: “Copies of any prior art or other documents relied upon should be provided.” Additionally, the MPEP states: “A translation of the pertinent portions of any non-English language prior art should also be provided.” By following these guidelines, you ensure that the examiner can easily understand and consider the relevance of the submitted prior art to the patent application under protest.
To learn more: