How can a protestor monitor the progress of an application they have protested?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

A protestor’s ability to monitor the progress of an application they have protested is limited. However, in some cases, they may be able to track public records. According to MPEP 1901.07, “Where protestor has access to an application, for example, a reissue application which is open to the public and may be inspected under 37 CFR 1.11, the proceedings may thereby be monitored.” This means that for certain types of applications that are publicly accessible, such as reissue applications, a protestor can monitor the progress by regularly checking the public records. However, for non-public applications, the protestor will not have any means to track the progress or outcome of their protest.

Topics: MPEP 1900 - Protest MPEP 1901.07 - Protestor Participation Patent Law Patent Procedure
Tags: Monitor Patent Application, patent protest, public records, reissue application