Can a protestor appeal an examiner’s decision regarding their protest?

No, a protestor cannot appeal an examiner’s decision regarding their protest. The MPEP 1901.07 clearly states: “Furthermore, a protestor is not permitted to participate in interviews, appeal a decision by the examiner adverse to the protestor to the Patent Trial and Appeal Board, or participate in an appeal by applicant.” This means that once a protest is filed, the protestor has no further recourse or ability to challenge the examiner’s decision, regardless of the outcome. The protest process is designed to be a one-way submission of information, with the final decision resting solely with the Patent Office.

To learn more:

• protest appeal
• examiner decision
• Patent Trial and Appeal Board
• patent examination