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What are the requirements for a cover letter in a patent protest?

A

What are the requirements for a cover letter in a patent protest?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 Related FAQs

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 cover letter for a patent protest must include specific information to be properly processed. According to MPEP 1901.03:

“The cover letter must identify the application or patent number to which the protest is directed. It is important that the cover letter be clearly identified as a protest submission to ensure that the protest is matched with the intended application file and to ensure that the protest is considered timely if filed prior to publication of patent application.”

In addition to identifying the application or patent number, the cover letter should also clearly state that it is a protest submission to ensure proper handling and timely consideration.

  • Protest Must Include Specific Information and DocumentsMPEP 1901Required
  • First Protest Must Include Statement or Comply with Paragraph (c)(5)MPEP 1901Required
  • Protest Must Include Detailed Information List and Supporting DocumentsMPEP 1901Required
  • Protest Must Identify ExaminerMPEP 1901.03
  • Protest Must Identify Pending ApplicationMPEP 1901.03
  • Protest Must Include Certificate of ServiceMPEP 1901.03Recommended
  • Protest Must Identify Pending Application FullyMPEP 1901.03Recommended
  • Protest Must Identify Application for Examiner ReviewMPEP 1901
  • Duplicate Protest Must Include Service ExplanationMPEP 1901.03Recommended
  • Protest Must Be Submitted In Writing With Specific Information ListMPEP 1901.03Required
  • Can a protestor submit additional information after filing a protest?
  • Can a protest be submitted anonymously to the USPTO?
  • What happens if a protest is not matched with the correct application?
  • Can a protest be submitted electronically to the USPTO?
  • What are the requirements for submitting a protest under 37 CFR 1.291?
Topics: MPEP 1900 - Protest MPEP 1901.03 - How Protest Is Submitted Patent Law Patent Procedure
Tags: director authority, protest, Protest Consent, Protest Examiner Action, Protest Prior Art
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