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.
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The Executive Summaries from the main chapter sections have been copied here for your convenience (subsections are not included here). They will help you remember what each main section of the Guidebook (MPEP) covers as you answer the questions from the quizzes above.
A protest is a means for a third party to challenge whether a pending application should issue. This section covers protests under 37 C.F.R. 1.291 including show may submit them, what should be filed with the protest, servicing a protest, and when to submit a protest.
Protests are ex parte matters. The examiner will not communicate further with the protester once the protest has been received. This section also briefly discusses protests and compliance issues.
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