How should a protest be identified and what information should it include?

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.

A protest should be clearly identified and include specific information to ensure proper processing. The MPEP recommends:

“Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being as complete as possible.“

The following information should be placed on the first page of the protest:

• Name of inventor(s)
• Name of applicant(s)
• Application number
• Filing date of application
• Title of invention
• Art unit number (if known)
• Name of examiner to whom the application is assigned (if known)

Including this information helps ensure that the protest is properly directed and processed by the USPTO.