How does the USPTO handle protests in patent applications?
The USPTO has specific procedures for handling protests in patent applications. According to MPEP 1901:
Where the protest specifically identifies the application, and is otherwise compliant, the protest will be considered by the Office if it is matched with the application in time to permit review by the examiner during prosecution.
However, if there’s insufficient information to identify the application:
If there is insufficient information to identify the application, the protest may not be matched at all or not timely matched with the intended application to permit review by the examiner during prosecution of the application, in which case, the protest may not be entered and may be returned to the protestor where practical. If return is not practical, the protest will be discarded.
The USPTO will acknowledge receipt of a protest only if a self-addressed postcard is included with the protest. The ultimate decision on patentability remains between the applicant and the Office.
To learn more: