M.P.E.P. 1900 Protest Flashcards Preview

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Flashcards in M.P.E.P. 1900 Protest Deck (13)
1

Who can file a protest?

Any member of the public.

2

A protest specifically identifying an application will be entered in the file IF:

1. It is timely submitted (normally before Final Rejection or Allowance)
AND

2. It is served upon the applicant.

3

When can you file a protest?

Before the application is published
AND
Before Final Rejection or Allowance

Throughout pendency of re-issue.

4

Can the protest participate in the prosecution?

NO and no further submission will be considered.

5

What are ways third parties can get in the way?

Third Party Submissions

6

Third Party Submissions

A third party submits patents and articles for consideration during the patent examination.

7

When can a Third Party Submission be made

Last possible date of either:
1. The date of the notice of the allowance
OR
2. Six months from the date of the first publication by the USPTO;
OR
3. The date of the first rejection of any claim by the examiner.

8

What must be included in a Third Party Submission?

1. A list identifying the items being submitted;
2. A concise description of the relevance of each item listed;
3. A legible copy of each non-US patent document listed;
4. An English-language translation of any non-English-language item listed;
5. A statement by the party making the submission that the submission complies with the statute and the rule
AND
6. A statement that the submitting party is not an individual who has a duty to disclose information with respect to the application under 1.56.

AND

7. Fee if more than 3 items and only submission by a party.

9

Concise Description of Relevancy

Can be as much as a claim chart.

Show where each feature shows up.

DO NOT want to make up rejections.

10

How do people privy to the application file this?

IDS

11

Where do these submissions go?

They go to the Parking Lot.

If compliant, those are fed into the File.

If non-compliant, fixed or thrown away.

12

What kind of documents can be submitted?

Any patent, published patent application, or other printed publication of potential relevance to the examination of the application.

13

When can you submit submission?

In pending applications.