What happens if a protest is filed after the final rejection in a patent application?

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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. A protest filed after final rejection but before the notice of allowance is issued may still be considered, subject to certain conditions. According to MPEP 1901.04 : “ A protest filed after final rejection (and prior to the date the notice of allowance is given or mailed) and complying with all the requirements of 37 CFR 1.291 will be considered if the application is still pending. “ However, the MPEP also notes: “ However, prosecution will not ordinarily be reopened after final rejection if the prior art cited in the protest is merely cumulative of the prior art cited in the final rejection. “ This means that while the protest may be considered, it’s less likely to impact the examination if it doesn’t provide new, non-cumulative prior art or information. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition and Fee Required After Final Rejection in Reissue Application MPEP 1901.04 Required Protest Must Be Filed Before Notice of Allowance MPEP 1901 Required Protest Must Be Filed Before Notice of Allowance And Have Applicant’s Consent MPEP 1901 Required Protest After Allowance Not Allowed MPEP 1901.04 Protest Must Be Submitted Promptly After Awareness of Application MPEP 1901.04 Recommended Protest After Exam Action Allowed With Explanation MPEP 1901.04 Prohibited Petition for Late Protest Required After Final Rejection MPEP 1901.04 Recommended Protests Must Be Filed Before Publication Or Allowance MPEP 1901 Required Protest Allowed Before Allowance If Pending MPEP 1901.04 Protest of Reissue Application After Two Months Not Needing Entry Petition Unless Final Rejection Issued MPEP 1901.04 Other Related FAQs 5 FAQs Collapse Can a protest be submitted anonymous...