Can protestors submit materials under MPEP § 724.02?

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, protestors can submit materials under MPEP § 724.02, but there are specific conditions and limitations. The MPEP provides guidance on this:

Insofar as protestors under 37 CFR 1.291(a) are concerned, submissions can be made in accordance with MPEP § 724.02 before the patent application is published, if protestor or petitioner has access to the application involved. After the patent application has been published under 35 U.S.C. 122(b)(1), no protest may be filed without the express consent of the applicant.

This means that protestors can use the confidential submission process under MPEP § 724.02 only if:

• The submission is made before the patent application is published
• The protestor has access to the application
• After publication, the applicant expressly consents to the protest

It’s important to note that any submission by a protestor must follow the requirements for service, and the Office cannot guarantee that the served parties will maintain the information’s confidentiality.