37 CFR 1.291 - Protests by the public against pending applications

Cite as37 CFR 1.291
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90 practice notes
  • Changes To Implement Derivation Proceedings
    • United States
    • Federal Register September 11, 2012
    • September 11, 2012
    ...37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly broad. 37 CFR 1.291 provides for the protest against the issuance of a patent during 37 CFR 1.321 provides for the disclaimer of a claim by a patentee. 37 CFR 1.5......
  • Legal Framework for Electronic Filing System - Web (EFS-Web)
    • United States
    • Federal Register October 27, 2009
    • October 27, 2009
    ...and documents associated with reexamination proceedings for plant patents. 3. Third party submissions under 37 CFR 1.99. 4. Protests under 37 CFR 1.291. 5. Public use papers under 37 CFR 1.292. 6. Color drawings and color photographs for international applications that have not entered the ......
  • Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
    • United States
    • Federal Register February 09, 2012
    • February 9, 2012
    ...37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly broad. 37 CFR 1.291 provides for the protest against the issuance of a patent during 37 CFR 1.321 provides for the disclaimer of a claim by a patentee. 37 CFR 1.5......
  • Changes to Implement Inter Partes Review Proceedings
    • United States
    • Federal Register February 10, 2012
    • February 10, 2012
    ...37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly broad. 37 CFR 1.291 provides for the protest against the issuance of a patent during 37 CFR 1.321 provides for the disclaimer of a claim by a patentee. 37 CFR 1.5......
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54 cases
  • Kothmann Enterprises, Inc. v. Trinity Industries, No. Civ.A. II-01-2668.
    • United States
    • U.S. District Court — Southern District of Texas
    • January 13, 2006
    ...No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt." 37 C.F.R. 12. However, the cases in which a failure to disclose litigation during a pending patent prosecution led to an inequitable conduct finding inv......
  • Dow Chemical Co. v. Exxon Corp., C.A. No. 96-584-SLR.
    • United States
    • U.S. District Court — District of Delaware
    • December 14, 1998
    ...reissue application Serial No. 08/305,631 ("the '631 reissue application"). In response, on June 27, 1995, Exxon filed a protest under 37 C.F.R. § 1.291(a) against the '631 reissue application, arguing that the claims of the '631 reissue application should be rejected on the basis of the ar......
  • Hitachi Metals, Ltd. v. Quigg, Civ. A. No. 89-1340 SSH.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 18, 1991
    ...37 C.F.R. § 1.56(h), the rules explicitly confine the participation of third parties in reissue proceedings to the filing of protests. 37 C.F.R. § 1.291.11 This PTO regulation implementing the Patent Statute's intent to limit third-party involvement in the patent examination process is enti......
  • EI Du Pont de Nemours v. Phillips Petroleum, Civ. A. No. 81-508-JLL.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • August 16, 1989
    ...claims of the '698 patent. Three companies, Phillips, Dow Chemical Company, and Mobil Oil Company filed protests to the reissue under 37 C.F.R. § 1.291, and were granted limited active DuPont filed its complaint in this action on November 13, 1981 (D.I. 1), and filed an amended complaint on......
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15 firm's commentaries
  • Intellectual Property Newsletter - September 2011
    • United States
    • JD Supra United States
    • September 26, 2011
    ...of a pending patent application through several mechanisms -third party submissions (37 CFR §1.99 and MPEP §1131.04), protest (37 CFR §1.291 and MPEP §§1900-1920) and the Peer-to-Patent pilot program. Section 8 of The Leahy-Smith America Invents Act (the “Act”) amends 35 U.S.C. §122 to incl......
  • Parallel Litigation And Inter Partes Review: Don't Forget About Reissue
    • United States
    • Mondaq United States
    • August 15, 2014
    ...by submitting art and arguments for consideration by the examiner. The mechanism for accomplishing this is a third-party protest under 37 C.F.R. § 1.291. A protest may be filed by any member of the public against a pending reissue application. The protest may include any information that, i......
  • Strategies For Preissuance Submissions In U.S. Patent Applications
    • United States
    • Mondaq United States
    • November 2, 2012
    ...35 USC § 122 to provide for preissuance submissions, and the USPTO's implementing regulations are found in new 37 CFR § 1.290 and revised 37 CFR § 1.291. Key requirements and related strategies are outlined The Timing Requirements While preissuance submissions can be made in applications pe......
  • Strategies for Preissuance Submissions in U.S. Patent Applications
    • United States
    • JD Supra United States
    • October 30, 2012
    ...35 USC § 122 to provide for preissuance submissions, and the USPTO’s implementing regulations are found in new 37 CFR § 1.290 and revised 37 CFR § 1.291. Key requirements and related strategies are outlined The Timing Requirements While preissuance submissions can be made in applications pe......
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1 books & journal articles
  • Risk Management
    • United States
    • Patent freedom to operate searches, opinions, techniques, and studies
    • August 11, 2017
    ...§ 122(e) and 37 C.F.R. § 1.290. 140 European Patent Convention, Oct. 5, 1973, art. 115. 141 35 U.S.C. § 122(e). 142 Id. § 122(c); 37 C.F.R. § 1.291. zue59005_08_c08_329-392.indd 387 7/20/17 8:38 388 Patent Freedom to Operate Searches, Opinions, Techniques, and Studies able. If the deadlines......
20 provisions

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