How should prior art be submitted with a patent protest?

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.

When submitting prior art with a patent protest, follow these guidelines:

• Include a copy of each prior art document relied upon.
• Provide an English language translation of any non-English language prior art.
• Highlight the relevant parts of the prior art documents.

According to MPEP 1901.03: “Copies of any prior art or other documents relied upon should be provided.” Additionally, the MPEP states: “A translation of the pertinent portions of any non-English language prior art should also be provided.” By following these guidelines, you ensure that the examiner can easily understand and consider the relevance of the submitted prior art to the patent application under protest.