What is the difference between third-party submissions under 37 CFR 1.290 and protests under 37 CFR 1.291?
There are several key differences between third-party submissions and protests: Timing: Third-party submissions under 37 CFR 1.290 can be made in published patent applications if they meet the timing requirements. Protests under 37 CFR 1.291 are more restricted after publication. Content: Third-party submissions are limited to printed publications. Protests can include other information adverse to…
Read MoreWhat are the main provisions for third-party submissions in patent applications?
The MPEP outlines two main provisions for third-party submissions in patent applications: 35 U.S.C. 122(c): This provision prohibits protests or pre-issuance opposition after publication of an application without the applicant’s express written consent. It is implemented by 37 CFR 1.291. 35 U.S.C. 122(e): This provision allows third parties to submit printed publications relevant to the…
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