Can a protestor participate in the patent examination process?
The participation of a protestor in the patent examination process is limited. According to MPEP 1901: The degree of participation allowed a protestor is solely within the discretion of the Director of the USPTO. Furthermore, the MPEP clarifies: A protestor does not, by the mere filing of a protest, obtain the “right” to argue the…
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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