What types of prior art can be submitted in a protest under MPEP 1901.02?
According to MPEP 1901.02, protestors can submit various types of prior art in a protest, including: Patents or publications Information on public use or sale Information on other public knowledge or activities Potential interferences The MPEP states: “The protest may be based on any facts or information of which the protestor has knowledge.” This allows…
Read MoreHow does MPEP 1901.02 address information about potential interferences in protests?
MPEP 1901.02 specifically mentions that information about potential interferences can be included in a protest. The section states: “Information which can be relied on in a protest… includes information about other applications or patents which might result in double patenting or a Patent Office interference proceeding.” This means that if a protestor is aware of…
Read MoreCan a protest include information about ongoing litigation related to the patent application?
Yes, a protest can include information about ongoing litigation related to the patent application. MPEP 1901.02 explicitly mentions this: “Information which can be relied on in a protest… includes information about other related litigation and governmental proceedings.” This means that if there are any ongoing court cases, administrative proceedings, or other governmental actions that are…
Read MoreCan a protestor submit information about potential inequitable conduct in a protest?
Yes, a protestor can submit information about potential inequitable conduct in a protest. MPEP 1901.02 explicitly states: “Information which can be relied on in a protest… includes information indicating that fraud or inequitable conduct is or was involved in the prosecution of a patent or patent application.” This means that if a protestor has knowledge…
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