What is a protest in patent law?
A protest in patent law is a submission by the public against pending patent applications, as permitted by 37 CFR 1.291. The MPEP states that “37 CFR 1.291 permits protests by the public against pending applications.” These protests are not limited to prior art documents but can include any information that, in the protestor’s opinion,…
Read MoreHow does the USPTO handle protests involving fraud or inequitable conduct?
The USPTO has a specific approach to handling protests involving fraud or inequitable conduct. According to the MPEP, “This includes, of course, information indicating the presence of ‘fraud’ or ‘inequitable conduct’ or ‘violation of the duty of disclosure,’ which will be entered in the application file, generally without comment on the inequitable conduct issues raised…
Read MoreWhat types of information can be included in a patent protest?
A patent protest can include a wide range of information. According to the MPEP, “Submissions under 37 CFR 1.291 are not limited to prior art documents such as patents and publications, but are intended to include any information, which in the protestor’s opinion, would make or have made the grant of the patent improper.” This…
Read MoreWhat are the requirements for filing a patent protest?
Filing a patent protest has specific requirements as outlined in the MPEP. The document states that “Protests should be in conformance with 37 CFR 1.291(a) and (b), and include a statement of the alleged facts involved, the point or points to be reviewed, and the action requested.” Additionally, the MPEP advises that “Any briefs or…
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