What are the requirements for submitting a protest under 37 CFR 1.291?

A protest under 37 CFR 1.291 must meet the following requirements:

• Be submitted in writing
• Specifically identify the application (by application number or serial number and filing date)
• Include an information list of all submitted documents
• Provide a concise explanation of the relevance of each listed item
• Include English language translations of any non-English documents
• Be accompanied by copies of all listed items (except U.S. patents and U.S. patent application publications)

The MPEP states: “A protest under 37 CFR 1.291 must be submitted in writing, must specifically identify the application to which the protest is directed by application number or serial number and filing date, and must include an information list of all documents, portions of documents, or other information submitted; a concise explanation of the relevance of each listed item; an English language translation of any non-English language document or other information identified in the information list; and be accompanied by a copy of each item in the information list except for U.S. patents and U.S. patent application publications.“

To learn more:

• Patent Protest
• 37 CFR 1.291
• Protest Requirements
• Patent Application