MPEP Ch. 1900

Question 1

MPEP Ch. 1900

Answer 1

Protestes and third-party submissions

Question 2

Protests

Answer 2

any member of public can file a protest against the issuance of any app. Will be entered in the file if (1) it is timely submitted (before final rejection/allowance) and (2) it is served upon the applicant. No fee unless second protest by same party.

Question 3

Third-Party Submissions

Answer 3

Allows third parties to submit patents, published patent apps, or other printed publications to PTO for consideration during examination.
Pre-issue submission must include (1) a concise description of the asserted relevance of each document submitted and (2) must be submitted with a certain statutory specified time period

Question 4

Statutory time period for preissuance submissions

Answer 4

Must be filed prior to the earlier of (1) the date of a notice of allowance; OR (2) the later of (i) six months after the date on which the app first published by PTO or (ii) the date of the first reception of any claim by the examiner.

Question 5

Relevance of Art

Answer 5

Relevance of prior art can be submitted but an argument against patentability cannot.