Can an examiner communicate with a protestor regarding a filed protest?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Improper Protest Returned or Discarded MPEP 1901.06 Examiner Must Not Communicate During Protest MPEP 1901.06 Prohibited Protests Must Comply With Requirements MPEP 1901 Prohibited Reissue Application Related to Pending Interference Must Be Referred MPEP 1901.06 Recommended Examiner Must Conduct Normal Examination Despite Protest MPEP 1901.06 Required Examiner Must Address Major Arguments in Protest MPEP 1901.06 Required Office Action Not Sent to Protestor MPEP 1901.06 Protest Must Comply With Rules MPEP 1901.06 Prohibited Examiner Must Consult on Non-Compliant Protest Document MPEP 1901.06 Recommended Examiner Must Consider Protest Submissions and Issues MPEP 1901.06 Required Other Related FAQs 5 FAQs Collapse Can an examiner require an applicant to respond to issues raised in a protest? How does an examiner treat an entered protest during patent examination? What happens if a protest is non-compliant with USPTO regulations? Can a protest be filed after a patent application has been publ...