What are the service requirements for 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.

The MPEP emphasizes the importance of serving a copy of the protest on the applicant or their representative. It states:

“Every effort should be made by a protestor to serve a copy of the protest upon the attorney or agent of record or upon the applicant if no attorney or agent is of record.“

The service requirements include:

• Serving a complete copy of the protest, including copies of all relied-upon documents
• Including a “Certificate of Service” in the protest filed with the Office, indicating that service has been made
• If service is not possible, filing the protest in duplicate with the Office and explaining why service could not be made

The MPEP further notes:

“If the protest filed in the Office does not, however, indicate service on applicant or applicant’s attorney or agent, and is not filed in duplicate, then the protest will not be entered.“

Proper service ensures that the applicant is aware of the protest and has an opportunity to respond if necessary.