You are here: Ed9 07.2015 Guidebook » Chapter 1900
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Chapter 1900: Protest

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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- Click on image to see full-size view or download the mindmap PDF.
- Download the PDF outline.

- 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. |
