CHAPTER 8 SOME ASPECTS OF ADJUDICATION OF MINERAL PATENT APPLICATIONS

• Jurisdiction: United States

Mineral Patenting Procedures
(Feb 1975)
CHAPTER 8
SOME ASPECTS OF ADJUDICATION OF MINERAL PATENT APPLICATIONS
Philip C. Hamilton
Chief, Branch of Lands & Minerals Operations U.S. Bureau of Land Management
Cheyenne, Wyoming

In the interest of minimizing redundancy, I am going to let my fellow panel members cover the basic review of mineral patent applications for content and completeness. I will concentrate my discussion on other facets of their adjudication, with specific reference to conflicts.

One type of of conflict that occasionally crops up with patent applications involves adverse claims and protests. The published Notice of Application for Mineral Patent allows 60 days from first publication for the filing of adverse claims.

An adverse claim may be filed only by a mineral claimant who holds an interest in a claim or claims that conflict with the claims described in the patent application. If an adverse claim is filed, the Bureau promptly notifies both parties that the adverse claimant has 30 days from the date of filing to commence court proceedings to determine the right of possession, and to prosecute the court action with reasonable diligence. Should the adverse claimant fail to do so, his adverse claim will be considered waived. If he does pursue appropriate court action, however, no further action on the patent application will be taken until the adverse claim is resolved.

A protest to a patent application, as distinguished from an adverse claim, may be filed at any time before issuance of patent. A protest may

[Page 8-2]

be filed by a party claiming non-compliance with the law by the applicant, or by one who claims a joint interest in the claims described in the patent application but who has been excluded from the application. With any protest the burden of proof is on the protestant. BLM may order a hearing on a protest where the issues seem to...