What are the time limits for filing a protest under 37 CFR 1.291?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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 time limits for filing a protest under 37 CFR 1.291 are as follows:
- A protest must be submitted prior to the date the application was published or the mailing of a notice of allowance under 37 CFR 1.311, whichever occurs first.
- If the protest is accompanied by the written consent of the applicant, it may be submitted at any time before the patent is granted.
As stated in the MPEP 1901: “A protest filed after final rejection or allowance will not be entered into the record or considered, except as provided under 37 CFR 1.291(c)(2).”
Topics:
MPEP 1900 - Protest
MPEP 1901 - Protest Under 37 Cfr 1.291
Patent Law
Patent Procedure