Patent Protests

Patent protests are an underutilized mechanism to try to defeat a pending patent application by a third party. This is a very cost-effective way litigate a patent during prosecution. Many different tactics may be used to attempt to show that the current patent applications, and our Patent Attorney stand by to help you with any of the following protest types.

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Types of Protests

  • (A) Information demonstrating that the invention was publicly “known or used by others in this country... before the invention thereof by the applicant for patent” and is therefore barred under 35 U.S.C. 102(a) and/or 103.
  • (B) Information that the invention was “in public use or on sale in this country, more than 1 year prior to the date of the application for patent in the United States” (35 U.S.C. 102(b)).
  • (C) Information that the applicant “has abandoned the invention” (35 U.S.C. 102(c)) or “did not himself invent the subject matter sought to be patented” (35 U.S.C. 102(f)).
  • (D) Information relating to inventorship under 35 U.S.C. 102(g).
  • (E) Information relating to sufficiency of disclosure or failure to disclose best mode, under 35 U.S.C. 112.
  • (F) Any other information demonstrating that the application lacks compliance with the statutory requirements for patentability.
  • (G) Information indicating “fraud” or “violation of the duty of disclosure” under 37 CFR 1.56 may be the subject of a protest under 37 CFR 1.291. Protests raising fraud or other inequitable conduct issues will be entered in the application file, generally without comment on those issues. 37 CFR 1.291(e).

Bold Patents' Approach

As with all other areas of our practice, our Attorneys take a strategic approach and think not just about the particular protest, but making sure we are always working to achieve the goals of the client. In most cases, our client’s goals are to be able to compete effectively in the market and win. Protesting is just one strategy to thwart competition by attempting to invalidate/challenge patents before they even get issued. Our attorneys will lay out all of the offensive and defensive strategies to tackling competition in a high-stakes industries.

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