What is considered ex parte communication in patent protests?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 8 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. Ex parte communication in the context of patent protests refers to any one-sided or private communication between a protestor and USPTO personnel regarding substantive matters of a patent application. The MPEP Section 1907 provides guidance on this issue: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex parte with protestor or communicated in writing ex parte to protestor.” This includes both verbal discussions and written communications. Such communications are prohibited to maintain the fairness and transparency of the patent examination process. All substantive matters should be handled through official channels and documented in the application file. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Requirement for No Ex Parte Communication with Protestor MPEP 1907 Required Examiner Must Not Communicate With Protestor MPEP 1907 Prohibited Office Action Not Sent to Protestor MPEP 1901.06 Protests Must Be Handled as Directed MPEP 1443 Design Reissue Application File Returned to Design TC Director’s Office After Decision Under 37 CFR 1.182 MPEP 1457 Protest Must Be Filed In Writing Within One Month MPEP 1875.01 Required Requirement for Responding to Protest MPEP 1901.05 Permitted Examiner Adverse Decision Final and Non-Petitionable MPEP 1906 Permitted Other Related FAQs 5 FAQs Collapse What are the consequences of unauthorized participation by a protestor? Can patent examiners communicate with protestors? What is unauthorized participation by a protestor in patent examination? How does 37 CFR 1.501(a) relate to other post-grant proceedings? How can the public access information about published ...