Podcast: Play in new window | Download
Subscribe: Apple Podcasts | RSS
Question:
List two pieces of information that should be placed on the first page of a protest.
Answer:
Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being as complete as possible. If possible, the following information should be placed on the first page of the protest:
- (A) Name of inventor(s)
- (B) Name of applicant(s).
- (C) Application number.
- (D) Filing date of application.
- (E) Title of invention.
- (F) Art unit number (if known).
- (G) Name of examiner to whom the application is assigned (if known).
Chapter Details:
The answer to this question can be found in chapter 1900 of the MPEP. This chapter covers Protest.
The answer is from the 9th Edition, Revision 07.2022, Published February 2023. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 1901.03 of the MPEP. The following is a brief summary of section 1901.03.
1901.03 How Protest Is Submitted
A protest must be submitted in writing, must specifically identify the application to which the protest is directed by application number or serial number and filing date, and must include an information list of all documents, portions of documents, or other information submitted; a concise explanation of the relevance of each listed item; an English language translation of any non-English language document or other information identified in the information list; and be accompanied by a copy of each item in the information list except for U.S. patents and U.S. patent application publications.