What happens if a protest is non-compliant with USPTO regulations?

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.

According to MPEP 1901.06, the treatment of non-compliant protests depends on the nature and extent of the non-compliance:

• Protests that fail to comply with 37 CFR 1.291(b) or (c) may not be entered.
• However, if the error is minor and does not raise ambiguity about the protest’s content, it may still be entered at the discretion of the Office.
• The Office will either enter or not enter the entire protest and will not attempt to enter portions of partially compliant protests.
• Improper protests may be returned to the protestor or discarded at the option of the Office.

The MPEP states: “A protest that is non-compliant with some requirement of 37 CFR 1.291(b) or (c), may be entered into the record if the reviewer determines that the error is of such a minor character that, in the opinion of the Office, it does not raise an ambiguity as to the content of the protest.“

If an examiner believes a protest is non-compliant, they should immediately consult with the reviewer of the protest or other appropriate Technology Center point of contact.