Chapter 1900 Flashcards
What is 37 CRF Section 1.291?
It outlines protest procedure
What is a protest?
It is a procedure in which a third-party files information with the Patent Office that in the protestor’s opinion would make the grant of a patent improper
any information that the protester deems relevant to patentability may be submitted
an explanation of why the protestor believes the submitted information is relevant
What is the time limit to filing a protest?
It must be submitted prior to the date the application was published or the mailing of notice of allowance, whichever occurs first
It cannot be used to attack validity of an issued patent, or published applications, which usually occurs 18 months after an application’s EFD
Can a protest be filed in a reissue application?
Yes, throughout the pendency of the reissue application up to the mailing of notice of allowance
What is a third-party submission?
submission of only patents and publications relevant to the published application in compliance with the Patent Office’s third party submissions Rule 99
No explanation is permitted
What is the time limit to filing a third-party submission?
it must be filed within 2 months from the date of publication of the application or prior to the mailing of a notice of allowance, whichever is earlier
