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 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 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 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…
Read MoreWhat are the time limits for filing a protest under 37 CFR 1.291?
The time limits for filing a protest under 37 CFR 1.291 are as follows: A protest must be submitted prior to the date the application was published or the mailing of a notice of allowance under 37 CFR 1.311, whichever occurs first. If the protest is accompanied by the written consent of the applicant, it…
Read MoreWhat are the requirements for submitting a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 must meet the following requirements: Be submitted in writing Specifically identify the application (by application number or serial number and filing date) Include an information list of all submitted documents Provide a concise explanation of the relevance of each listed item Include English language translations of any non-English documents…
Read MoreHow should a protest be identified and what information should it include?
A protest should be clearly identified and include specific information to ensure proper processing. The MPEP recommends: “Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being…
Read MoreWhat happens if a protest is filed after the time limit under 37 CFR 1.291?
If a protest is filed after the time limit specified in 37 CFR 1.291, it will generally not be entered into the record or considered. However, there are exceptions. According to the MPEP 1901: “A protest filed after final rejection or allowance will not be entered into the record or considered, except as provided under…
Read MoreCan a protest be filed anonymously under 37 CFR 1.291?
Yes, a protest can be filed anonymously under 37 CFR 1.291. The MPEP 1901 explicitly states: “37 CFR 1.291(e) provides that a protest may be filed by an individual (not a juristic entity) on behalf of him or herself or on behalf of a juristic entity. An individual may not file a protest on behalf…
Read MoreCan a protestor submit additional information after filing a protest?
Generally, a protestor’s active participation ends with the filing of the protest. The MPEP states: “Active participation by protestor ends with the filing of the protest, as provided in 37 CFR 1.291(d), and no further submission on behalf of protestor will be acknowledged or considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5).“…
Read More