MPEP § 1907 — Unauthorized Participation by Protestor (Annotated Rules)

§1907 Unauthorized Participation by Protestor

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 1907, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Unauthorized Participation by Protestor

This section addresses Unauthorized Participation by Protestor. Primary authority: 37 CFR 1.291(d). Contains: 1 requirement and 1 prohibition.

Key Rules

Topic

Examiner Action on Protest

2 rules
StatutoryRequiredAlways
[mpep-1907-70a400b68b1f8f3090c9f9f0]
Requirement for No Ex Parte Communication with Protestor
Note:
Office personnel must not discuss substantive matters relating to the application ex parte with the protestor or communicate such matters in writing.

Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex parte with protestor or communicated in writing ex parte to protestor. The examiner must not communicate in any manner with protestor. See 37 CFR 1.291(d). See also MPEP § 1134.

Jump to MPEP Source · 37 CFR 1.291(d)Examiner Action on ProtestProtestor LimitationsProtest Handling Procedure
StatutoryProhibitedAlways
[mpep-1907-266d601df1f8d42af84ee1fb]
Examiner Must Not Communicate With Protestor
Note:
The examiner is prohibited from discussing substantive matters with the protestor in any manner.

Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex parte with protestor or communicated in writing ex parte to protestor. The examiner must not communicate in any manner with protestor. See 37 CFR 1.291(d). See also MPEP § 1134.

Jump to MPEP Source · 37 CFR 1.291(d)Examiner Action on ProtestProtest Handling ProcedureProtest Practice

Citations

Primary topicCitation
Examiner Action on Protest37 CFR § 1.291(d)
Examiner Action on ProtestMPEP § 1134

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17