What is the time limit for filing a protest under 37 CFR 1.291?

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

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.

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.

Topics: MPEP 1900 - Protest MPEP 1901 - Protest Under 37 Cfr 1.291 Patent Law Patent Procedure
Tags: protest, Protest Consent, Protest Content, protest filing, Protest Prior Art