How does the USPTO handle protests filed against patent applications?

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 USPTO has established procedures for reviewing protests to determine if they comply with 37 CFR 1.291 before being made of record in an application. Compliant protests are entered into the record and made available to the examiner for consideration as early as possible.

According to the MPEP, “Evidence submitted in a protest will be considered on the same basis as other ex parte evidence.” The examiner must consider each prior art document submitted in conformance with 37 CFR 1.291(c) and any discussion of such documents in the protest, as well as any non-prior art issues raised that are appropriate for consideration.