Who can file a protest against a patent application?
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.
According to MPEP 1901.01, any member of the public can file a protest under 37 CFR 1.291. This includes:
- Private persons
- Corporate entities
- Government agencies
The MPEP states: Any member of the public, including private persons, corporate entities, and government agencies, may file a protest under 37 CFR 1.291.
This broad definition ensures that anyone with relevant information can bring it to the attention of the Patent Office during the examination process.
Topics:
MPEP 1900 - Protest
MPEP 1901.01 - Who Can Protest
Patent Law
Patent Procedure