How does the publication of an international application affect the protest submission period?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 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. The publication of an international application under the Patent Cooperation Treaty (PCT) does not affect the protest submission period for national stage applications. According to MPEP 1901.04 : “ Publication under the Patent Cooperation Treaty (PCT) by the World Intellectual Property Organization (WIPO) of an international application would not trigger the end of the 37 CFR 1.291(b) time period for submitting a protest in a national stage application under 35 U.S.C. 371. “ This means that protestors can still submit protests for national stage applications even after the international application has been published by WIPO, as long as the other timing requirements under 37 CFR 1.291(b) are met. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Protest Must Be Submitted Promptly After Awareness of Application MPEP 1901.04 Recommended Early Protest Submission Benefits Examination MPEP 1901.04 Publication Does Not End Protest Period MPEP 1901.04 First Protest Must Include Statement or Comply with Paragraph (c)(5) MPEP 1901 Required Protest of Reissue Application After Two Months Not Needing Entry Petition Unless Final Rejection Issued MPEP 1901.04 Petition and Fee Required After Final Rejection in Reissue Application MPEP 1901.04 Required Portion of Non-English Document Must Be Submitted with Translation MPEP 1901 Required Extension of Protest Period for Reissue Applications MPEP 1901.04 Extension of Protest Period for Reissue Applications MPEP 1901.04 Required Publication Does Not End Protest Period MPEP 1901.04 Other Related FAQs 5 FAQs Collapse Can a protest be submitted anonymously? What is the deadline for submitting a protest against a patent application? Ca...