Section 706.03(v) After Interference or Former Public Use Proceeding

For rejections following an interference, see MPEP Chapter 2300.

The outcome of public use proceedings may also be the basis of a rejection. See 37 CFR 1.292 in effect on September 15, 2012, and In re Kaslow, 707 F.2d 1366, 217 USPQ 1089 (Fed. Cir. 1983). Public use proceedings, effective September 16, 2012, are no longer authorized. For certain patents, prior public use may be raised in a post-grant review proceeding. See 35 U.S.C. 321329. Information on prior public use may continue to be submitted by third parties via a protest in a pending application when the requirements of 37 CFR 1.291 have been met, and utilization of 37 CFR 1.291 will promote Office efficiency with respect to treatment of these issues. See MPEP § 1901.02.