What happens if a protest is filed after the final rejection in a patent application?
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.
To learn more: