What is the deadline for submitting a protest against a patent application?
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.“
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901.04 - When Can The Protest Be Submitted,
Patent Law,
Patent Procedure