Brief Summary:
If any member of the public becomes aware of a pending application which he or she believes should not gain patent status, that individual has the right to file a protest in reference to the application. A protestor must have a good reason as to why the pending application should not be allowed. All this is covered in chapter 1900.
Key Terms:
| Protest | A protest is a formal objection filed by a third party against the grant of a patent, typically challenging the patentability of the invention based on prior art or other relevant grounds. |
| Servicing | Servicing generally refers to the maintenance and administrative actions required to keep a patent application or granted patent in force, such as paying renewal fees and updating records. |
| Written Consent | Written Consent refers to the formal, documented agreement by a patent holder or applicant to allow certain actions or changes, such as amendments to the application or assignment of rights, typically required by patent offices or legal procedures. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.291 – Protests by the public against pending applications. |
| 37 CFR 1.291 allows the public to submit protests against pending patent applications, providing information that may affect the patentability of the invention before a patent is granted. |
Quick Statistics:
Number of Pages: 12 pgs
Sections: 1901 – 1920
List of Sections:
| 1901 | Protest Under 37 CFR 1.291 | |
| • 1901.01 Who Can Protest • 1901.02 Information Which Can Be Relied on in Protest • 1901.03 How Protest Is Submitted • 1901.04 When Can the Protest Be Submitted • 1901.05 Acknowledgment of Protest • 1901.06 Office Treatment of Protest • 1901.07 Protestor Participation | ||
| • 1901.07(a) Filing of Multiple Papers Relating to Same Issues | ||
| 1902 – 1905 | [Reserved] | |
| 1906 | Supervisory Review of an Examiner’s Decision Adverse to Protestor | |
| 1907 | Unauthorized Participation by Protestor | |
| 1908 – 1919 | [Reserved] | |
| 1920 | Citation of Prior Art Under 37 CFR 1.501(a) |