M.P.E.P. 1900 Protest

Question 1

Who can file a protest?

Answer 1

Any member of the public.

Question 2

A protest specifically identifying an application will be entered in the file IF:

Answer 2

1. It is timely submitted (normally before Final Rejection or Allowance)
   AND
2. It is served upon the applicant.

Question 3

When can you file a protest?

Answer 3

Before the application is published
AND
Before Final Rejection or Allowance

Throughout pendency of re-issue.

Question 4

Can the protest participate in the prosecution?

Answer 4

NO and no further submission will be considered.

Question 5

What are ways third parties can get in the way?

Answer 5

Third Party Submissions

Question 6

Third Party Submissions

Answer 6

A third party submits patents and articles for consideration during the patent examination.

Question 7

When can a Third Party Submission be made

Answer 7

Last possible date of either:
1. The date of the notice of the allowance
OR
2. Six months from the date of the first publication by the USPTO;
OR
3. The date of the first rejection of any claim by the examiner.

Question 8

What must be included in a Third Party Submission?

Answer 8

1. A list identifying the items being submitted;
2. A concise description of the relevance of each item listed;
3. A legible copy of each non-US patent document listed;
4. An English-language translation of any non-English-language item listed;
5. A statement by the party making the submission that the submission complies with the statute and the rule
   AND
6. A statement that the submitting party is not an individual who has a duty to disclose information with respect to the application under 1.56.

AND

7. Fee if more than 3 items and only submission by a party.

Question 9

Concise Description of Relevancy

Answer 9

Can be as much as a claim chart.

Show where each feature shows up.

DO NOT want to make up rejections.

Question 10

How do people privy to the application file this?

Answer 10

IDS

Question 11

Where do these submissions go?

Answer 11

They go to the Parking Lot.

If compliant, those are fed into the File.

If non-compliant, fixed or thrown away.

Question 12

What kind of documents can be submitted?

Answer 12

Any patent, published patent application, or other printed publication of potential relevance to the examination of the application.

Question 13

When can you submit submission?

Answer 13

In pending applications.