Can a protestor appeal an examiner’s adverse decision to the Patent Trial and Appeal Board?
No, a protestor cannot appeal an examiner’s adverse decision to the Patent Trial and Appeal Board (PTAB). According to MPEP § 1906, “a protestor cannot appeal to the Patent Trial and Appeal Board from an adverse decision of the examiner.” This limitation is part of the restricted participation allowed for protestors in the patent examination process.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1906 - Supervisory Review Of An Examiner'S Decision Adverse To Protestor,
Patent Law,
Patent Procedure