What is the deadline for submitting a protest against a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 1901.04, a protest is considered timely if it meets one of two conditions:

  • It is filed before the application is published under 37 CFR 1.211 or before a notice of allowance under 37 CFR 1.311 is given or mailed, whichever occurs first.
  • It is accompanied by written consent from the applicant and filed before a notice of allowance under 37 CFR 1.311 is given or mailed.

The MPEP states: “Pursuant to 37 CFR 1.291(b), a protest is timely if (1) filed prior to the date the application was published under 37 CFR 1.211 or the date a notice of allowance under 37 CFR 1.311 was given or mailed, whichever occurs first, or (2) accompanied by written consent of the applicant and filed prior to the date a notice of allowance under 37 CFR 1.311 was given or mailed in the application.

Topics: MPEP 1900 – Protest MPEP 1901.04 – When Can The Protest Be Submitted Patent Law Patent Procedure
Tags: Notice Content Form, protest, Protest Examiner Action, Protest Timing, reissue fees