What is a protest under 37 CFR 1.291?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. A protest under 37 CFR 1.291 is a mechanism that allows members of the public to bring information to the attention of the USPTO regarding pending patent applications. The MPEP states: 37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the issuance of invalid patents. Protests can include information about prior art, facts adverse to patentability, or other relevant information that might affect the grant of a patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Written Protest Required Before Publication MPEP 1901 Protest Filing Requirements for Patent Applications MPEP 1901 Protest Must Be Filed Before Publication Or Allowance MPEP 1901 Required Protest Must Be Filed Before Notice of Allowance And Have Applicant’s Consent MPEP 1901 Required Protest Must Include Specific Information and Documents MPEP 1901 Required No Office Communication After Protest Filing MPEP 1901 Permitted Protest Not Allowed In Provisional Applications MPEP 1901 Protest Must Accompany Statement or Compliance MPEP 1901 Protest Must Include Detailed Information List and Supporting Documents MPEP 1901 Required Identification of Non-Patent Publication Details Required MPEP 1901 Other Related FAQs 5 FAQs Collapse Can a protest be filed anonymously under 37 CFR 1.291? What happens if a protest is filed after the time limit under 37 CFR 1.291? What information must be included in a protest? What happens if a protest is filed after the time limit specified in 37 CFR 1.291? What is the time limit for filing a protest under 37 CFR 1.291?