What are the time limits for filing a protest under 37 CFR 1.291?

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).”

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Topics: MPEP 1900 - Protest, MPEP 1901 - Protest Under 37 Cfr 1.291, Patent Law, Patent Procedure
Tags: 37 cfr 1.291, protest filing, Time Limits