How does the USPTO handle multiple protests against the same patent application?
The USPTO has specific procedures for handling multiple protests against the same patent application. According to MPEP 1901:
“If a second or subsequent protest by the same party to the same application is filed, it should not be entered even though it may contain new art, or a new argument or new evidence. The USPTO does not believe the resources of the Office should be expended meeting a protester’s challenges, and although an examiner may at his or her discretion review any submitted art, arguments, or evidence, the protests should not be made of record nor formally considered.”
This means that while the first protest from a particular party will be considered, subsequent protests from the same party are generally not entered into the record or formally considered. However, the examiner has the discretion to review any new information provided in these subsequent protests, even if they are not officially entered.
It’s important to note that this restriction applies to multiple protests from the same party. Different parties can file separate protests against the same application, and each of these would be considered independently, as long as they meet the other requirements of 37 CFR 1.291.
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