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

A

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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 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.

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.“

  • Protest Must Be Filed Before Notice of Allowance And Have Applicant’s ConsentMPEP 1901Required
  • Protest Must Be Filed Before Notice of AllowanceMPEP 1901Required
  • Protests Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Protest Must Be Filed Before Publication Or AllowanceMPEP 1901Required
  • Protest Must Be Submitted Promptly After Awareness of ApplicationMPEP 1901.04Recommended
  • Protest After Allowance Not AllowedMPEP 1901.04
  • Timely Protest Before Allowance NotificationMPEP 1901.04
  • First Protest by Real Party In Interest Not Subject to Item EMPEP 1901
  • Portion of Non-English Document Must Be Submitted with TranslationMPEP 1901Required
  • Patent Issuance Is Between Applicant and OfficeMPEP 1901
  • Can a protest be submitted anonymously?
  • How does the publication of an international application affect the protest submission period?
  • Can a protest be submitted after a notice of allowance has been issued?
  • What happens if a protest is filed after the final rejection in a patent application?
  • What is the deadline for submitting a protest before publication of a patent 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
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