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Can a protest be submitted anonymously to the USPTO?

A

Can a protest be submitted anonymously to the USPTO?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.

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, the protest must still comply with all other requirements for submission, including proper format, timely filing, and inclusion of relevant prior art or other supporting documents. The ability to submit anonymously can be particularly useful for those who wish to bring pertinent information to the attention of the USPTO without disclosing their identity or potential interest in the outcome of the patent application.

  • First Protest by Real Party In Interest Not Subject to Item EMPEP 1901
  • Protest Must Be Submitted By MailMPEP 1901.03Prohibited
  • Protest Must Be Submitted In Writing With Specific Information ListMPEP 1901.03Required
  • Protest Must Be Submitted by MailMPEP 1901.03Permitted
  • First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required
  • New Protest Must Comply With RulesMPEP 1901.03
  • Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Protest Must Include Specific Information and DocumentsMPEP 1901Required
  • Protest Must Include Detailed Information List and Supporting DocumentsMPEP 1901Required
  • Protest Filing Requirements for Patent ApplicationsMPEP 1901
  • Can a protestor submit additional information after filing a protest?
  • What happens if a protest is not matched with the correct application?
  • Can a protest be submitted electronically to the USPTO?
  • What are the requirements for a cover letter in a patent protest?
  • What are the requirements for submitting a protest under 37 CFR 1.291?
Topics: MPEP 1900 - Protest MPEP 1901.03 - How Protest Is Submitted Patent Law Patent Procedure
Tags: director authority, protest, Protest Consent, Protest Examiner Action, Protest Prior Art
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