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Can a protest be submitted after a notice of allowance has been issued?

A

Can a protest be submitted after a notice of allowance has been issued?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 Related FAQs

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, a protest cannot be submitted after a notice of allowance has been issued. According to MPEP 1901.04:

“A protest submitted on or after the date a notice of allowance under 37 CFR 1.311 was given or mailed will not be entered and will be discarded pursuant to 37 CFR 1.291(g).“

This means that any protest received after the notice of allowance will not be considered and will be discarded by the USPTO. It’s crucial for protestors to submit their protests as early as possible in the examination process to ensure they are considered.

  • Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required
  • Protest Must Be Filed Before Notice of AllowanceMPEP 1901Required
  • Protest After Allowance Not AllowedMPEP 1901.04
  • Protest Must Be Submitted Promptly After Awareness of ApplicationMPEP 1901.04Recommended
  • Early Protest Submission Benefits ExaminationMPEP 1901.04
  • Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Protests Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Portion of Non-English Document Must Be Submitted with TranslationMPEP 1901Required
  • Information Required for Protest MatchingMPEP 1901Recommended
  • Insufficient Information for Protest MatchingMPEP 1901Prohibited
  • Can a protest be submitted anonymously?
  • How does the publication of an international application affect the protest submission period?
  • What is the deadline for submitting a protest against a patent application?
  • What happens if a protest is filed after the final rejection in a patent application?
  • What is the deadline for submitting a protest before publication of a patent application?
Topics: MPEP 1900 - Protest MPEP 1901.04 - When Can The Protest Be Submitted Patent Law Patent Procedure
Tags: Notice Content Form, protest, Protest Examiner Action, Protest Timing, reissue fees
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