What happens if a protest is incomplete or does not include copies of relied-upon documents?

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.

An incomplete protest or one lacking copies of relied-upon documents will not be entered into the application file. The MPEP states:

“A protest must be complete and contain a copy of every document relied on by the protestor, whether the document is a prior art document, court litigation material, affidavit, or declaration, etc. A protest not accompanied by a copy of each document relied on (except for U.S. patents and U.S. patent application publications) will not be entered.“

Furthermore:

“A protestor will not be given an opportunity to supplement or complete any protest which is incomplete.“

This means that if your protest is found to be incomplete, it will be rejected without the chance to add missing information or documents. It’s crucial to ensure that your protest is complete and includes all necessary documentation when submitted.