What types of prior art can be submitted in a protest under MPEP 1901.02?
According to MPEP 1901.02, protestors can submit various types of prior art in a protest, including:
- Patents or publications
- Information on public use or sale
- Information on other public knowledge or activities
- Potential interferences
The MPEP states: “The protest may be based on any facts or information of which the protestor has knowledge.” This allows for a wide range of information to be considered, as long as it’s relevant to the patentability of the application in question.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901.02 - Information Which Can Be Relied On In Protest,
Patent Law,
Patent Procedure