How does the USPTO handle multiple protests against the same patent application?
The USPTO has specific procedures for handling multiple protests against the same patent application. According to MPEP 1901: “If a second or subsequent protest by the same party to the same application is filed, it should not be entered even though it may contain new art, or a new argument or new evidence. The USPTO…
Read MoreCan multiple protests be submitted by different people representing the same real party in interest?
While multiple protests can be submitted, they cannot be used to circumvent the requirements for subsequent protests by the same real party in interest. The MPEP 1901.01 clearly states: “The requirements of 37 CFR 1.291(c)(5) cannot be avoided by multiple protests submitted by different people representing the same real party in interest.” This means that…
Read MoreCan a protestor file multiple protests for the same application?
Generally, a protestor is not allowed to file multiple protests for the same application, with some exceptions. According to MPEP 1901.07(a), “37 CFR 1.291(c) does not provide for the submission of additional protests in the same application by the same real party in interest except for submissions filed in accordance with 37 CFR 1.291(c)(5).” However,…
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