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…

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How 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…

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Can 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,…

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What 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…

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What 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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