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Can a protest be submitted electronically to the USPTO?

A

Can a protest be submitted electronically 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, protests can be submitted electronically to the USPTO. According to MPEP 1901.03:

“Protests may be submitted by mail, facsimile transmission (fax), by hand-carrier, or electronically via EFS-Web.”

The electronic submission option through EFS-Web provides a convenient and efficient method for submitting protests. However, it’s important to note that regardless of the submission method, all protests must comply with the requirements outlined in 37 CFR 1.291 and the guidelines provided in the MPEP.

  • Protest Must Be Submitted By MailMPEP 1901.03Prohibited
  • Protests Must Comply With RequirementsMPEP 1901Prohibited
  • Protest Must Be Submitted by MailMPEP 1901.03Permitted
  • New Protest Must Comply With RulesMPEP 1901.03
  • Protests Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Protest Must Be Submitted In Writing With Specific Information ListMPEP 1901.03Required
  • First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required
  • Portion of Non-English Document Must Be Submitted with TranslationMPEP 1901Required
  • Arguments and Comments Not to be Added to ProtestMPEP 1901.03
  • Explanation Needed for Duplicate Protest SubmissionMPEP 1901.03Recommended
  • Can a protestor submit additional information after filing a protest?
  • Can a protest be submitted anonymously to the USPTO?
  • What happens if a protest is not matched with the correct application?
  • 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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