MPEP § 1906 — Supervisory Review of an Examiner’s Decision Adverse to Protestor (Annotated Rules)
§1906 Supervisory Review of an Examiner’s Decision Adverse to Protestor
This page consolidates and annotates all enforceable requirements under MPEP § 1906, 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.
Supervisory Review of an Examiner’s Decision Adverse to Protestor
This section addresses Supervisory Review of an Examiner’s Decision Adverse to Protestor. Primary authority: 37 CFR 1.291(d). Contains: 1 prohibition and 1 permission.
Key Rules
Examiner Action on Protest
As pointed out in MPEP § 1901.07, a protestor cannot appeal to the Patent Trial and Appeal Board from an adverse decision of the examiner. Further, a decision by the examiner adverse to a protestor is final, and under the restricted protestor participation permitted under 37 CFR 1.291(d) is not petitionable to the Director.
As pointed out in MPEP § 1901.07, a protestor cannot appeal to the Patent Trial and Appeal Board from an adverse decision of the examiner. Further, a decision by the examiner adverse to a protestor is final, and under the restricted protestor participation permitted under 37 CFR 1.291(d) is not petitionable to the Director.
Citations
| Primary topic | Citation |
|---|---|
| Examiner Action on Protest | 37 CFR § 1.291(d) |
| Examiner Action on Protest | MPEP § 1901.07 |
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.
Official MPEP § 1906 — Supervisory Review of an Examiner’s Decision Adverse to Protestor
Source: USPTO1906 Supervisory Review of an Examiner’s Decision Adverse to Protestor [R-10.2019]
As pointed out in MPEP § 1901.07, a protestor cannot appeal to the Patent Trial and Appeal Board from an adverse decision of the examiner. Further, a decision by the examiner adverse to a protestor is final, and under the restricted protestor participation permitted under 37 CFR 1.291(d) is not petitionable to the Director.