What types of information can be included in a patent protest?
A patent protest can include a wide range of information. According to the MPEP, “Submissions under 37 CFR 1.291 are not limited to prior art documents such as patents and publications, but are intended to include any information, which in the protestor’s opinion, would make or have made the grant of the patent improper.” This can include evidence of fraud, inequitable conduct, or violation of the duty of disclosure. The MPEP further clarifies that such information “will be entered in the application file, generally without comment on the inequitable conduct issues raised in it.”
To learn more:
Topics:
And/Or Violation Of Duty Of Disclosure,
Inequitable Conduct,
MPEP 2000 - Duty Of Disclosure,
MPEP 2013 - Protests Involving Issues Of Fraud,
Patent Law,
Patent Procedure