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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.