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:
Topics:
MPEP 1900 - Protest,
MPEP 1901.04 - When Can The Protest Be Submitted,
Patent Law,
Patent Procedure