Is an examiner’s decision adverse to a protestor final?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 7 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. 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. Related Rules from the Manual of Patent Examining Procedure 7 rules Collapse Examiner Adverse Decision Final and Non-Petitionable MPEP 1906 Permitted Protestor Cannot Appeal Adverse Examiner Decision MPEP 1906 Prohibited Office Action Not Sent to Protestor MPEP 1901.06 Review Body Can Include Decision Maker MPEP 1850 Prohibited Inadequate Protest Identification Not Entertained MPEP 1901 Prohibited Insufficient Information for Protest Matching MPEP 1901 Prohibited Petition to Delay Reissue Examination MPEP 1901.04 Recommended Other Related FAQs 5 FAQs Collapse Can a protestor appeal an examiner&#8217;s adverse decision to the Patent Trial and Appeal Board? What options does a protestor have after an adverse examiner decision? What are the limitations on protestor participation in patent examinations? Can a protestor petition the Director against an examiner&#8217;s adverse decision? How does 37 CFR 1.501(a) relate to other post-grant proceedings?