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Chapter 1900: Protest


Summary

Rankings

Frequency

Training

Video Digest

Mind Map

Objectives

Key Terms

 

 

   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. Valid protest reasons include; information concerning the patentability of the subject matter (i.e., if it was on sale or published more than a year before the filing of the application) or if the inventorship is inaccurate.

The basics of protests should be understood. It is important to know the differences between protests, reexaminations, reissues, interferences and appeals. The PTO will try to incorporate these topics into questions in a confusing manner, so be sure to understand the differences.

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   Chapter Ranking Chart:

Importance Ranking:
2-Stars
 
Volume of Material:
1-Star
 
Complexity:
2-Stars
 
Overall Score:
1.7
 



   MPEP Section Frequency:
Key
2
4
6
8
10
1901.02
   
1901.03
   
1901.04
   
1907
   

 

 

   Patent Training Workshop Videos:

 

 

   Video Digest:



   Mindmap:


   Objectives
  • Learn the basics of protests.
  • Be able to distinguish between protests, reexaminations, reissues, interferences and appeals.
  • Know the following rule:

37 C.F.R. 1.291

Protests by the public against pending applications.


   Key Terms