Can a protest be filed in a reissue application?
Yes, a protest can be filed in a reissue application, but there are specific timing considerations. According to MPEP 1901.04: “A protest may be filed in a reissue application throughout the pendency of the reissue application prior to the date a notice of allowance is given or mailed subject to the timing constraint of the…
Read MoreWhat is the deadline for submitting a protest before publication of a patent application?
The deadline for submitting a protest before publication of a patent application is the date the application is published or the date a notice of allowance is mailed, whichever occurs first. According to MPEP 1901.04: “A protest submitted prior to publication … will be entered into the record of the application if … received by…
Read MoreWhat happens if a protest is filed after the final rejection in a patent application?
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…
Read MoreCan a protest be submitted after a notice of allowance has been issued?
No, a protest cannot be submitted after a notice of allowance has been issued. According to MPEP 1901.04: “A protest submitted on or after the date a notice of allowance under 37 CFR 1.311 was given or mailed will not be entered and will be discarded pursuant to 37 CFR 1.291(g).“ This means that any…
Read MoreWhat is the deadline for submitting a protest against a patent application?
According to MPEP 1901.04, a protest is considered timely if it meets one of two conditions: It is filed before the application is published under 37 CFR 1.211 or before a notice of allowance under 37 CFR 1.311 is given or mailed, whichever occurs first. It is accompanied by written consent from the applicant and…
Read MoreHow does the publication of an international application affect the protest submission period?
The publication of an international application under the Patent Cooperation Treaty (PCT) does not affect the protest submission period for national stage applications. According to MPEP 1901.04: “Publication under the Patent Cooperation Treaty (PCT) by the World Intellectual Property Organization (WIPO) of an international application would not trigger the end of the 37 CFR 1.291(b)…
Read MoreCan a protest be submitted anonymously?
Yes, a protest can be submitted anonymously. The MPEP 1901.04 states: “The name of the real party in interest need not be submitted as part of the protest.” This provision allows individuals or entities to submit protests without revealing their identity. However, it’s important to note that while the protest itself can be anonymous, any…
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