What is the time limit for filing a protest under 37 CFR 1.291?
The time limit for filing a protest under 37 CFR 1.291 is before the date the application is published or a notice of allowance is mailed, whichever occurs first. As stated in the MPEP 1901:
“A protest must be submitted prior to the date the application was published or a notice of allowance under 37 CFR 1.311 was mailed, whichever occurs first.”
It’s important to note that if the protest is accompanied by the written consent of the applicant, it may be entered and considered after this time limit.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901 - Protest Under 37 Cfr 1.291,
Patent Law,
Patent Procedure