What is unauthorized participation by a protestor in patent examination?
Unauthorized participation by a protestor refers to any ex parte communication between the protestor and Office personnel, including examiners, regarding substantive matters of a patent application. The Manual of Patent Examining Procedure (MPEP) Section 1907 explicitly states: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex…
Read MoreCan patent examiners communicate with protestors?
No, patent examiners are strictly prohibited from communicating with protestors regarding a patent application. The MPEP Section 1907 clearly states: “The examiner must not communicate in any manner with protestor.” This prohibition is designed to maintain the objectivity and fairness of the patent examination process. The rule is further supported by 37 CFR 1.291(d), which…
Read MoreWhat is considered ex parte communication in patent protests?
Ex parte communication in the context of patent protests refers to any one-sided or private communication between a protestor and USPTO personnel regarding substantive matters of a patent application. The MPEP Section 1907 provides guidance on this issue: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed…
Read MoreWhat are the consequences of unauthorized participation by a protestor?
While the MPEP Section 1907 does not explicitly outline the consequences of unauthorized participation by a protestor, it emphasizes the importance of preventing such interactions: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex parte with protestor or communicated in writing ex parte to protestor.” Unauthorized…
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