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 MoreCan a protestor receive information about the application they’re protesting?
Generally, protestors are not entitled to receive information about the application they’re protesting, unless it’s a reissue application or has been published. The MPEP 1901.05 states: “Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant…
Read MoreCan a protest be submitted electronically via EFS-Web?
No, a protest cannot be submitted electronically via EFS-Web. The MPEP explicitly states: “A protest must NOT be submitted electronically via EFS-Web.“ Protests must be submitted by mail to the following address: Mail Stop PetitionCommissioner for PatentsP.O. Box 1450Alexandria, VA 22313-1450 It’s important to follow this guideline to ensure that your protest is properly received…
Read MoreWhat are the service requirements for a patent protest?
The MPEP emphasizes the importance of serving a copy of the protest on the applicant or their representative. It states: “Every effort should be made by a protestor to serve a copy of the protest upon the attorney or agent of record or upon the applicant if no attorney or agent is of record.“ The…
Read MoreWhat are the requirements for submitting a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 must meet the following requirements: Be submitted in writing Specifically identify the application (by application number or serial number and filing date) Include an information list of all submitted documents Provide a concise explanation of the relevance of each listed item Include English language translations of any non-English documents…
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…
Read MoreWhat are the requirements for a cover letter in a patent protest?
What are the requirements for a cover letter in a patent protest? A cover letter for a patent protest must include specific information to be properly processed. According to MPEP 1901.03: “The cover letter must identify the application or patent number to which the protest is directed. It is important that the cover letter be…
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 MoreHow can a protestor monitor the progress of an application they have protested?
A protestor’s ability to monitor the progress of an application they have protested is limited. However, in some cases, they may be able to track public records. According to MPEP 1901.07, “Where protestor has access to an application, for example, a reissue application which is open to the public and may be inspected under 37…
Read MoreHow should a protest be identified and what information should it include?
A protest should be clearly identified and include specific information to ensure proper processing. The MPEP recommends: “Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being…
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