What information must be included in a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 must include specific information to be considered by the USPTO. According to MPEP 1901, the protest must include:
- A listing of the patents, publications, or other information relied upon;
- A concise explanation of the relevance of each listed item;
- A copy of each listed patent, publication, or other item of information in written form, or at least the pertinent portions thereof;
- An English language translation of all necessary and pertinent parts of any non-English language document relied upon.
The MPEP states:
“The protest must include a copy of each listed patent, publication, or other item of information in written form, or at least the pertinent portions thereof; and English language translations of all necessary and pertinent parts of any non-English language document relied on.”
It’s crucial to provide this information to ensure the protest is properly considered by the examiner.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901 - Protest Under 37 Cfr 1.291,
Patent Law,
Patent Procedure