Who can file a protest against a patent application?
According to MPEP 1901.01, any member of the public can file a protest under 37 CFR 1.291. This includes: Private persons Corporate entities Government agencies The MPEP states: Any member of the public, including private persons, corporate entities, and government agencies, may file a protest under 37 CFR 1.291. This broad definition ensures that anyone…
Read MoreWhat statement must accompany a patent protest?
According to MPEP 1901.01, a protest must be accompanied by a specific statement. The MPEP states: “In accordance with 37 CFR 1.291(b)(2), a statement must accompany the protest that it is the first protest submitted in the application by the real party in interest who is submitting the protest.” This statement is crucial because it…
Read MoreWhat happens if a protest doesn’t include the required statement?
If a protest fails to include the required statement about being the first protest by the real party in interest, the outcome depends on whether it is actually the first protest filed. The MPEP 1901.01 provides guidance on this situation: “Should the protest (inadvertently or otherwise) fail to include the statement that the protest is…
Read MoreCan multiple protests be submitted by different people representing the same real party in interest?
While multiple protests can be submitted, they cannot be used to circumvent the requirements for subsequent protests by the same real party in interest. The MPEP 1901.01 clearly states: “The requirements of 37 CFR 1.291(c)(5) cannot be avoided by multiple protests submitted by different people representing the same real party in interest.” This means that…
Read MoreCan an attorney file a protest on behalf of an unnamed client?
Yes, an attorney or other representative can file a protest on behalf of an unnamed real party in interest. The MPEP 1901.01 clearly states: “A protest may be filed by an attorney or other representative on behalf of an unnamed real party in interest. 37 CFR 1.291 does not require that the real party in…
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