MPEP § 1901.07 — Protestor Participation (Annotated Rules)

§1901.07 Protestor Participation

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

This page consolidates and annotates all enforceable requirements under MPEP § 1901.07, 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.

Protestor Participation

This section addresses Protestor Participation. Primary authority: 37 CFR 1.291 and 37 CFR 1.11. Contains: 2 permissions and 2 other statements.

Key Rules

Topic

Examiner Action on Protest

2 rules
StatutoryInformativeAlways
[mpep-1901-07-e4e19169b1f2bbbc24dfc6ec]
Protestors Cannot Inquire About Protest Status
Note:
Protestors are not allowed to contact the Office about their protest's status or participate in related proceedings.

37 CFR 1.291 does not permit protestor, or any other member of the public, to contact or receive information from the Office as to the disposition or status of the protest, or the application to which it is directed, or to participate in any Office proceedings relating to the protest. The Office does not serve copies of Office actions or other documents mailed by the Office on protestors, and does not require applicants to serve copies of papers filed with the Office on protestors. Furthermore, a protestor is not permitted to participate in interviews, appeal a decision by the examiner adverse to the protestor to the Patent Trial and Appeal Board, or participate in an appeal by applicant. The disposition of the protest will be an ex parte matter between the Office and the applicant. Where protestor has access to an application, for example, a reissue application which is open to the public and may be inspected under 37 CFR 1.11, the proceedings may thereby be monitored.

Jump to MPEP Source · 37 CFR 1.291Examiner Action on ProtestProtestor LimitationsProtest Content and Evidence
StatutoryPermittedAlways
[mpep-1901-07-0200ce6705ab7c38398603b4]
Monitoring Allowed for Publicly Viewable Applications
Note:
A protestor may monitor proceedings if they have access to a publicly viewable application, such as one open under 37 CFR 1.11.

37 CFR 1.291 does not permit protestor, or any other member of the public, to contact or receive information from the Office as to the disposition or status of the protest, or the application to which it is directed, or to participate in any Office proceedings relating to the protest. The Office does not serve copies of Office actions or other documents mailed by the Office on protestors, and does not require applicants to serve copies of papers filed with the Office on protestors. Furthermore, a protestor is not permitted to participate in interviews, appeal a decision by the examiner adverse to the protestor to the Patent Trial and Appeal Board, or participate in an appeal by applicant. The disposition of the protest will be an ex parte matter between the Office and the applicant. Where protestor has access to an application, for example, a reissue application which is open to the public and may be inspected under 37 CFR 1.11, the proceedings may thereby be monitored.

Jump to MPEP Source · 37 CFR 1.291Examiner Action on ProtestPrior Art Submissions in ProtestsProtest with Applicant Consent
Topic

Prior Art Submissions in Protests

1 rules
StatutoryPermittedAlways
[mpep-1901-07-b1765ca2d27d75623b2dcc0a]
Protestors Cannot Receive Office Actions
Note:
Protestors are not entitled to receive copies of Office actions or other documents mailed by the Office and cannot participate in interviews or appeals.

37 CFR 1.291 does not permit protestor, or any other member of the public, to contact or receive information from the Office as to the disposition or status of the protest, or the application to which it is directed, or to participate in any Office proceedings relating to the protest. The Office does not serve copies of Office actions or other documents mailed by the Office on protestors, and does not require applicants to serve copies of papers filed with the Office on protestors. Furthermore, a protestor is not permitted to participate in interviews, appeal a decision by the examiner adverse to the protestor to the Patent Trial and Appeal Board, or participate in an appeal by applicant. The disposition of the protest will be an ex parte matter between the Office and the applicant. Where protestor has access to an application, for example, a reissue application which is open to the public and may be inspected under 37 CFR 1.11, the proceedings may thereby be monitored.

Jump to MPEP Source · 37 CFR 1.291Prior Art Submissions in ProtestsProtest with Applicant ConsentService of Protest
Topic
1 rules

Citations

Primary topicCitation
Examiner Action on Protest
Prior Art Submissions in Protests
Protest with Applicant Consent
37 CFR § 1.11
Examiner Action on Protest
Prior Art Submissions in Protests
Protest with Applicant Consent
37 CFR § 1.291

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