Is an examiner’s decision adverse to a protestor final?
Yes, an examiner’s decision adverse to a protestor is final. MPEP § 1906 explicitly states that “a decision by the examiner adverse to a protestor is final.” This means that once an examiner has made a decision that goes against the protestor’s arguments, there are no further avenues for the protestor to challenge that decision within the standard 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