How does the USPTO handle protected or secret information in protests?
The USPTO has specific procedures for handling protected or secret information submitted with protests. According to the MPEP: “Information which is subject to a court-imposed protective or secrecy order may be submitted with, or as a part of, a protest under 37 CFR 1.291. Trade secret information which was obtained by a protestor through agreements…
Read MoreHow does the USPTO handle protests alleging fraud or violation of duty of disclosure?
The USPTO has specific procedures for handling protests that allege fraud or violation of the duty of disclosure. According to the MPEP: “Information indicating ‘fraud’ or ‘violation of the duty of disclosure’ under 37 CFR 1.56 may be the subject of a protest under 37 CFR 1.291. Protests raising fraud or other inequitable conduct issues…
Read MoreCan litigation-related materials be used in a patent protest?
Yes, litigation-related materials can be submitted as part of a protest under 37 CFR 1.291. The MPEP provides examples of such materials: “Some representative examples of other forms of evidence are litigation-related materials such as complaints, answers, depositions, answers to interrogatories, exhibits, transcripts of hearings or trials, court orders and opinions, stipulations of the parties,…
Read MoreWhat types of prior art can be submitted in a protest under MPEP 1901.02?
According to MPEP 1901.02, protestors can submit various types of prior art in a protest, including: Patents or publications Information on public use or sale Information on other public knowledge or activities Potential interferences The MPEP states: “The protest may be based on any facts or information of which the protestor has knowledge.” This allows…
Read MoreWhat types of information can be included in a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 can include various types of information that may make the grant of a patent improper. The MPEP states: “Any information which, in the protestor’s opinion, would make the grant of a patent improper can be relied on in a protest under 37 CFR 1.291.” While prior art documents like…
Read MoreHow does MPEP 1901.02 address information about potential interferences in protests?
MPEP 1901.02 specifically mentions that information about potential interferences can be included in a protest. The section states: “Information which can be relied on in a protest… includes information about other applications or patents which might result in double patenting or a Patent Office interference proceeding.” This means that if a protestor is aware of…
Read MoreCan a protest include information about ongoing litigation related to the patent application?
Yes, a protest can include information about ongoing litigation related to the patent application. MPEP 1901.02 explicitly mentions this: “Information which can be relied on in a protest… includes information about other related litigation and governmental proceedings.” This means that if there are any ongoing court cases, administrative proceedings, or other governmental actions that are…
Read MoreCan a protestor submit information about potential inequitable conduct in a protest?
Yes, a protestor can submit information about potential inequitable conduct in a protest. MPEP 1901.02 explicitly states: “Information which can be relied on in a protest… includes information indicating that fraud or inequitable conduct is or was involved in the prosecution of a patent or patent application.” This means that if a protestor has knowledge…
Read MoreWhat evidence can be submitted to support allegations of public use or sale in a patent protest?
When submitting a protest based on alleged public use or sale, various forms of evidence can be provided. The MPEP states: “In a protest based on an alleged public use or sale, evidence of such public use or sale may be submitted along with affidavits or declarations identifying the source(s) of the evidence and explaining…
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