Who can file a protest against a patent application?
According to MPEP 1901.01, any member of the public can file a protest under 37 CFR 1.291. This includes: Private persons Corporate entities Government agencies The MPEP states: Any member of the public, including private persons, corporate entities, and government agencies, may file a protest under 37 CFR 1.291. This broad definition ensures that anyone…
Read MoreHow does the USPTO acknowledge receipt of a protest?
The USPTO acknowledges receipt of a protest through a self-addressed postcard provided by the protestor. According to MPEP 1901.05: “Where a self-addressed postcard is included with the protest, the Office will acknowledge receipt of the protest by return of the self-addressed postcard.” It’s important to note that this acknowledgment only confirms receipt and does not…
Read MoreHow does the USPTO handle protected or secret information in protests?
The USPTO has specific procedures for handling protected or secret information submitted with protests. According to the MPEP: “Information which is subject to a court-imposed protective or secrecy order may be submitted with, or as a part of, a protest under 37 CFR 1.291. Trade secret information which was obtained by a protestor through agreements…
Read MoreHow does the USPTO handle protests alleging fraud or violation of duty of disclosure?
The USPTO has specific procedures for handling protests that allege fraud or violation of the duty of disclosure. According to the MPEP: “Information indicating ‘fraud’ or ‘violation of the duty of disclosure’ under 37 CFR 1.56 may be the subject of a protest under 37 CFR 1.291. Protests raising fraud or other inequitable conduct issues…
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 is unauthorized participation by a protestor in patent examination?
Unauthorized participation by a protestor refers to any ex parte communication between the protestor and Office personnel, including examiners, regarding substantive matters of a patent application. The Manual of Patent Examining Procedure (MPEP) Section 1907 explicitly states: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex…
Read MoreWhat types of information can be included in a patent protest?
A patent protest can include a wide range of information. According to the MPEP, “Submissions under 37 CFR 1.291 are not limited to prior art documents such as patents and publications, but are intended to include any information, which in the protestor’s opinion, would make or have made the grant of the patent improper.” This…
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 MoreHow should prior art be submitted with a patent protest?
When submitting prior art with a patent protest, follow these guidelines: Include a copy of each prior art document relied upon. Provide an English language translation of any non-English language prior art. Highlight the relevant parts of the prior art documents. According to MPEP 1901.03: “Copies of any prior art or other documents relied upon…
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…
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