Can a protestor participate in the patent examination process?

The participation of a protestor in the patent examination process is limited. According to MPEP 1901:

The degree of participation allowed a protestor is solely within the discretion of the Director of the USPTO.

Furthermore, the MPEP clarifies:

A protestor does not, by the mere filing of a protest, obtain the “right” to argue the protest before the Office. Active participation by a protestor ends with the filing of the protest, and no further submission on behalf of the protestor will be considered, unless the submission is made pursuant to 37 CFR 1.291(c)(5).

This means that once a protest is filed, the protestor’s involvement generally ends, and the examination process continues between the applicant and the USPTO.

To learn more:

• protestor participation
• patent examination
• USPTO procedure