What statement must accompany a patent protest?
According to MPEP 1901.01, a protest must be accompanied by a specific statement. The MPEP states: “In accordance with 37 CFR 1.291(b)(2), a statement must accompany the protest that it is the first protest submitted in the application by the real party in interest who is submitting the protest.” This statement is crucial because it…
Read MoreWhat happens if a protest doesn’t include the required statement?
If a protest fails to include the required statement about being the first protest by the real party in interest, the outcome depends on whether it is actually the first protest filed. The MPEP 1901.01 provides guidance on this situation: “Should the protest (inadvertently or otherwise) fail to include the statement that the protest is…
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