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

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.

To learn more:

• international application
• PCT
• WIPO
• national stage application
• protest submission