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What is the deadline for submitting a protest before publication of a patent application?

By russ.krajec@blueironip.com | September 30, 2024
A

What is the deadline for submitting a protest before publication of a patent application?

The deadline for submitting a protest before publication of a patent application is the date the application is published or the date a notice of allowance is mailed, whichever occurs first. According to MPEP 1901.04:

“A protest submitted prior to publication … will be entered into the record of the application if … received by the Office prior to the date the application was published or the mailing of a notice of allowance under 37 CFR 1.311, whichever occurs first.”

It’s crucial for potential protestors to monitor the status of patent applications and submit their protests in a timely manner to ensure they are entered into the record.

To learn more:

  • protest deadline
  • patent application
  • publication
  • notice of allowance
Topics: MPEP 1900 - Protest MPEP 1901.04 - When Can The Protest Be Submitted Patent Law Patent Procedure
Tags: notice of allowance, Protest Deadline
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