USPTOObservations & Oppositions builder
Protest by a member of the public
37 CFR 1.291; 35 U.S.C. 122(c)
A signed, argued paper showing the examiner why a pending US application should not be granted, on any statutory ground and with evidence beyond printed publications.
At a glance
Before publication or allowance
No fee for a first protest; later ones USD 150 (checked 22 Sep 2026)
- Who can file
- Any member of the public, including private persons, companies and government agencies.
- Deadline
- Ordinary application: before publication or allowance, whichever is earlier; with written consent, before allowance. Reissue: before allowance.
- Official fee
- None for a first protest. A later protest by the same real party in interest: USD 150, or USD 60 for a small entity.
- Language
- English. Non-English items need an English translation; a reliable, uncertified machine translation is enough.
- Anonymous
- Partly. The real party in interest need not be named, and a representative may file for an unnamed client. The paper is signed.
- How it is filed
- Paper only, to Mail Stop Petition, P.O. Box 1450, Alexandria, VA. No electronic filing. A copy is served on the applicant.
- Effect
- An entered protest must be considered; its major arguments are addressed in an Office action.
- Party status
- None. No appeal, no interviews, no reply to Office actions.
What it is
Protest by a member of the public, in brief
A protest asks the examiner of a pending application to consider information that makes grant improper. Unlike a preissuance submission it may argue, and it may rely on evidence that is not a publication: public use, sales, invoices, declarations. The examiner must address its major arguments in the next Office action.
It is filed on paper only, served on the applicant, and cannot be supplemented later. In an ordinary application it closes at publication unless the applicant consents in writing; in a reissue it runs until allowance. The protestor gets no party status.
Grounds it can carry
- Lack of novelty35 U.S.C. 102; pre-AIA 102
- Obviousness35 U.S.C. 103
- Public knowledge, public use or on sale by others35 U.S.C. 102(a)(1); pre-AIA 102(a), (b)
- Enablement, written description or definiteness35 U.S.C. 112
- Ineligible subject matter35 U.S.C. 101
- Abandonment, derivation or wrong inventorship35 U.S.C. 101; pre-AIA 102(c), (f), (g)
Use it when
- The target is a reissue application: a preissuance submission cannot reach it, and a protest runs until allowance.
- Your evidence is public use, sales, invoices or declarations, or your ground is 112, 101, derivation or another statutory failure.
- You want to argue patentability, and the ordinary application is unpublished or the applicant has consented in writing.
Choose another route when
- The ordinary application is already published and the applicant has not consented in writing. Third-party preissuance submission
- The patent has already been granted. Citation of prior art in a patent file
- A notice of allowance has been mailed, or you want to answer an Office action or the applicant's reply.
How IPtorch builds it
From search to filing, minus the signature.
The invalidity search runs on into this filing when it ends, with no second click. Three model families take turns, so a draft is never checked by the model that wrote it.
- 1SearchClaims split into limitations, thousands of candidates screened, at least 50 references read in full.Gemini models read and check
- 2Claim mapA verbatim quotation and its location behind every limitation.Every cell checkable
- 3DraftWrites the papers in the office's format and language.Claude Opus 5.5 (Anthropic)
- 4ReviewChecks each citation against its document and builds the forms.Sol 6 (OpenAI)
- 5AdjudicateHigh strength: a third family rules on every objection.Gemini 3.1 Pro (Google)
- 6FolderUnsigned PDFs, ready for a professional to review, sign and file.Nothing is filed
What the builder does for this filing
- IPtorch starts from an invalidity search with at least 50 references read in full and writes an argued protest, each item identified in full, pin-cited and tied to a named ground and claims.
- Before drafting it checks the date rule: an ordinary application must be unpublished and unallowed, or covered by written consent; a reissue must be unallowed.
- Because a protest cannot be supplemented, it relies only on items that are on the information list and attached, US patents and publications excepted.
- It leaves out inequitable conduct unless counsel records a decision, and never names a real party in interest who is to stay undisclosed.
In the folder
- Protest under 37 CFR 1.291Each item identified in full, pin-cited, with its ground and claims
- Information list (PTO/SB/08A and 08B layout)Every item relied on, as 1.291(c)(1) requires
- Copies of every cited documentEach behind a cover sheet with protest title and application number
- Labelled machine translationsEnglish translation of the relied-on portion, beside the original
- Certificate of serviceFinal page, or a statement explaining a duplicate filing
- Applicant's written consentOnly where needed: for the applicant to sign after publication
- Fee and filing sheetInternal: any fee, return postcard, mailing to Mail Stop Petition
Builder strength
You choose how hard it is checked.
You pay for the tokens the sessions use, at the models' list prices plus a 30% fee, not for the time allowed. How pricing works
Low
- Opus 5.5 drafts the submission
- Sol 6 builds and checks the final forms
Medium
- Opus 5.5 drafts the submission
- Sol 6 reviews and rebuilds the content
- Opus 5.5 builds the filing folder
- Sol 6 checks the form
High
- Opus 5.5 drafts the submission
- Sol 6 runs a deep prior-art search
- Opus 5.5 rebuilds the submission against the evidence
- Sol 6 attacks it as an adversarial examiner
- Gemini 3.1 Pro adjudicates the objections
- Opus 5.5 applies the fixes and builds the filing folder
- Scripted checks of the filing folder
- Sol 6 audits the whole folder
- Convergence gate
If the gate fails, one repair round: opus 5.5 repairs what the gate found, sol 6 audits the repair, convergence gate, again.
What stays with you
You review, sign and file.
- Sign the protest with your own S-signature and typed name.
- Serve the full copy on the applicant's attorney or agent of record and sign the certificate of service.
- Mail or hand-deliver the paper package to Mail Stop Petition; electronic filing is not accepted.
- Sign form PTO-2038 where a fee is due for a later protest.
Where these go wrong
What the builder guards against.
- Filed after publication of an ordinary application without written consent, or on or after the notice of allowance: the protest is out of time.
- Sent short of an exhibit, planning to add it later. A protest cannot be supplemented, so everything relied on goes in at filing.
Start with the evidence.
Upload the patent or enter its number. The invalidity search charts every claim, and the builder takes it from there.
Start an invalidity searchFacts checked against the office's rules on 22 September 2026. IPtorch is not a law firm and this page is not legal advice. The builder's output is unsigned work product for a registered professional to review, sign and file; nothing is filed and no fee is paid for you. Confirm current requirements, fees and deadlines with the receiving office.