Can a protest be filed after a patent application has been published?
Yes, but with restrictions. According to MPEP 1901.06: “35 U.S.C. 122(c) permits the filing of a protest in an application after the application has been published if there is express written consent of the applicant.“ To file a protest after publication, the following conditions must be met: The protest must be accompanied by the written…
Read MoreWhat happens if a protest is filed after the time limit specified in 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 or considered by the USPTO. However, there are two exceptions to this rule: Written Consent of the Applicant: If the protest is accompanied by the written consent of the applicant, it may be entered and…
Read MoreCan an attorney withdraw from a patent application without the applicant’s consent?
Can an attorney withdraw from a patent application without the applicant’s consent? Yes, an attorney can withdraw from a patent application without the applicant’s consent under certain circumstances. However, the withdrawal must be approved by the USPTO. The MPEP 402.06 states: ‘An attorney or agent may withdraw from representing an applicant or assignee in a…
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