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What are the service requirements for a patent protest?

By russ.krajec@blueironip.com | September 30, 2024

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…

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Can a protestor submit additional information after filing a protest?

By russ.krajec@blueironip.com | September 29, 2024

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).“…

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Can an applicant protest a finding of lack of unity of invention?

By russ.krajec@blueironip.com | September 27, 2024

Yes, an applicant can protest a finding of lack of unity of invention in a PCT application. According to MPEP 1850, the protest procedure is as follows: The applicant may pay the additional fees under protest. The protest must be accompanied by a reasoned statement explaining why the applicant believes the unity of invention requirement…

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