What information must be included in a protest?

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 37 CFR 1.291(c), a protest must include specific information:

• A listing of the patents, publications, or other information relied upon
• A concise explanation of the relevance of each item listed
• A copy of each listed patent, publication, or other item of information
• An English language translation of any non-English language item listed

The MPEP provides additional guidance:

37 CFR 1.291(c)(1)(v) provides for the submission of information other than patents and publications, including any facts or information adverse to patentability, and requires that each item of “other information” be identified by date, if known.

It’s important to note that only relevant portions of documents need to be submitted, along with identifying information such as cover pages or copyright information.