How are protests against patent issuance handled by Technology Center Directors?

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.

Technology Center Directors play a crucial role in handling protests filed against the issuance of a patent. According to MPEP 1003, “Protests filed against issuance of a patent” are among the matters submitted to Technology Center Directors.

For more detailed information on the protest procedure, refer to MPEP 1901. The specific handling of protests by Technology Center Directors is outlined in MPEP 1901.06, which states:

“If the protest is a second or subsequent protest by the same real party in interest, it must be referred to the Director of the USPTO under 37 CFR 1.181(a)(3). In such situations, the TC Director’s decision will be made after consultation with the Deputy Commissioner for Patent Examination Policy.”

This indicates that Technology Center Directors have a significant role in evaluating and deciding on protests, especially in cases of repeated protests from the same party.