Can an examiner communicate with a protestor regarding a filed protest?
No, examiners are not permitted to communicate with protestors regarding filed protests. The MPEP 1901.06 clearly states:
“The examiner must not communicate with protestor in any way even if the protest is incomplete or the protestor inquires as to the status of any Office proceedings related to the protest.“
This prohibition applies regardless of the completeness of the protest or any inquiries made by the protestor. Additionally, examiners will not consider later submissions by the protestor unless they comply with 37 CFR 1.291(c)(5). Improper protests may be returned to the protestor or discarded at the option of the Office.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901.06 - Office Treatment Of Protest,
Patent Law,
Patent Procedure