What evidence can be submitted to support allegations of public use or sale in a patent protest?
When submitting a protest based on alleged public use or sale, various forms of evidence can be provided. The MPEP states: “In a protest based on an alleged public use or sale, evidence of such public use or sale may be submitted along with affidavits or declarations identifying the source(s) of the evidence and explaining…
Read MoreWhat happens if a protest is incomplete or does not include copies of relied-upon documents?
An incomplete protest or one lacking copies of relied-upon documents will not be entered into the application file. The MPEP states: “A protest must be complete and contain a copy of every document relied on by the protestor, whether the document is a prior art document, court litigation material, affidavit, or declaration, etc. A protest…
Read MoreCan an attorney file a protest on behalf of an unnamed client?
Yes, an attorney or other representative can file a protest on behalf of an unnamed real party in interest. The MPEP 1901.01 clearly states: “A protest may be filed by an attorney or other representative on behalf of an unnamed real party in interest. 37 CFR 1.291 does not require that the real party in…
Read MoreCan a protest be submitted anonymously to the USPTO?
Yes, a protest can be submitted anonymously to the USPTO. The MPEP 1901.03 explicitly states: “The protest may be submitted either with or without identification of the real party in interest.” This means that individuals or entities can file a protest without revealing their identity. However, it’s important to note that while anonymity is allowed,…
Read MoreCan a protestor submit additional information after filing a protest?
Generally, a protestor’s active participation ends with the filing of the protest. The MPEP states: “Active participation by protestor ends with the filing of the protest, as provided in 37 CFR 1.291(d), and no further submission on behalf of protestor will be acknowledged or considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5).“…
Read MoreWhat are the limitations on a protestor’s participation in reissue applications involved in litigation?
Protestors’ participation in reissue applications, including those involved in litigation, is subject to specific limitations as outlined in USPTO regulations. These limitations are designed to balance public input with the efficient examination of patent applications. According to MPEP 1404: “Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c).” Key…
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