What are the requirements for filing a patent protest?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 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. Filing a patent protest has specific requirements as outlined in the MPEP. The document states that “ Protests should be in conformance with 37 CFR 1.291(a) and (b), and include a statement of the alleged facts involved, the point or points to be reviewed, and the action requested .” Additionally, the MPEP advises that “ Any briefs or memoranda in support of the petition, and any affidavits, declarations, depositions, exhibits, or other material in support of the alleged facts, should accompany the protest .” This ensures that the protest is comprehensive and provides all necessary information for consideration. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Supporting Material for Petition Must Accompany Protest MPEP 2013 Recommended Protest Must Include Facts, Points Reviewed, and Action Requested MPEP 2013 Recommended AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Protestor Can Submit Any Relevant Information MPEP 2013 Individuals Must Disclose Material Information MPEP 2000 Public May Protest Pending Applications MPEP 2013 Duty to Disclose Material Information MPEP 2000.01 Other Related FAQs 5 FAQs Collapse What types of information can be included in a patent protest? How does the USPTO handle protests involving fraud or inequitable conduct? What is a protest in patent law? What happens if fraud is discovered during a reissue application? How does fraud or inequitable conduct affect reissue applications?