1. A formal statement or action expressing dissent or disapproval. • Under some circumstances, a protest is lodged to preserve a claim or right.
2. A notary public’s written statement that, upon presentment, a negotiable instrument was neither paid nor accepted.
— Also termed initial protest; noting protest. Cf. NOTICE OF DISHONOR. [Cases: Bills and Notes 408. C.J.S. Bills and Notes; Letters of Credit § 211.]
“Noting or initial protest is a memorandum made on [a dishonored] instrument, with the notary’s initials, date, and the amount of noting charges, together with a statement of the cause of dishonor, such as ‘no effects,’ ‘not advice,’ or ‘no account.’ This is done to charge the memory of the notary, and should be done on the day of dishonor.” Frederick M. Hinch, John’s American Notary and Commission of Deeds Manual § 442, at 281 (3d ed. 1922).
3. A formal statement, usu. in writing, disputing a debt’s legality or validity but agreeing to make payment while reserving the right to recover the amount at a later time. • The disputed debt is described as under protest. [Cases: Payment 88. C.J.S. Payment § 111.]
4. Tax. A taxpayer’s statement to the collecting officer that payment is being made unwillingly because the taxpayer believes the tax to be invalid.
5. Int’l law. A formal communication from one subject of international law to another objecting to conduct or a claim by the latter as violating international law.
6. Patents. A proceeding in the U.S. Patent and Trademark Office to determine patentability of an invention after a third party has challenged it in a petition. • Unlike in a public use proceeding, the protestant has no right to participate in the proceeding beyond filing the petition and supporting documents. 37 CFR § 1.291. Cf. PUBLIC-USE PROCEEDING. [Cases: Patents 104. C.J.S. Patents §§ 145–147, 149–151, 173–175.] — protest, vb.
