46. Which of the following statements does not accord with proper USPTO practice and procedure?
(A) A protest may be filed by an attorney or other representative on behalf of an unnamed principal.
(B) Information which may be relied on in a protest includes information indicating violation of the duty of disclosure under 37 CFR 1.56.
(C) While a protest must be complete and contain a copy of every document relied on by the protestor, a protest without copies of prior art documents will not necessarily be ignored.
(D) A protest must be submitted prior to the date the application was published or the mailing of a notice of allowance, whichever occurs later, provided the application is pending.
(E) Since a protestor is not authorized to participate in the prosecution of a pending application, the examiner must not communicate in any manner with the protestor.
46. ANSWER: (D) is the best answer. MPEP § 1901.04. (A) is a true statement. MPEP § 1901.01. (B) is a true statement. MPEP § 1901.02, paragraph (G). (C) is a true statement. MPEP § 1901.03. (E) is a true statement. MPEP § 1907.
{ 2 comments… read them below or add one }
I got similar on 6/2.
(1) Third party question issuance of pending application ..BEFORE publication or allowance which ever is earlier
(2) No Fee
(3) Submitted the proof with comments of relevance
(4) Served upon applicant
(5) To any statutory requirement to patentability 102,103 101 or 112 Must be complete (references + comments)
(5) can not file multiple protest
(6) Attorney can file without naming client