What are the consequences of unauthorized participation by a protestor?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

While the MPEP Section 1907 does not explicitly outline the consequences of unauthorized participation by a protestor, it emphasizes the importance of preventing such interactions:

“Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex parte with protestor or communicated in writing ex parte to protestor.”

Unauthorized participation could potentially compromise the integrity of the patent examination process. Consequences may include disregarding any information obtained through unauthorized communication and possible sanctions for violating USPTO procedures. For more information on related topics, refer to MPEP Section 1134 on Express Abandonment.

Topics: MPEP 1900 - Protest MPEP 1907 - Unauthorized Participation By Protestor Patent Law Patent Procedure
Tags: Protest Examiner Action