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[inventordave]

I am wishing to contest a competers patent pending before he gets the patent.  He is making false claims that he is the inventor.

I have the published patent application number and know that time is of the essence.

What is the proper procedure and who would I contact.

Thanks

[Robert K S]

Your options are limited until the patent is granted, but read MPEP 1134.01.

[Jonathan]

There is the option of filing a protest (MPEP 1900).

The requirements look so onerous, though, and the patent office will have options to just say no, this (the protest) will not be reviewed.

So, probably something that is not worth pursuing but an option nonetheless.

If you have documents / prior art that could potentially convince a patent examiner to reject the patent application, mail them to the applicant and his/her representative. If they look at them they probably will have to IDS them, assuming it is material to the patent application - it's all a judgment call. But, I have heard of practitioners simply not even looking at such documents sent to them by 3rd parties and they can therefore claim they were not aware of those documents - I have no opinion on that.