What options does a protestor have after an adverse examiner decision?
After an adverse examiner decision, a protestor has very limited options. MPEP § 1906 outlines the following restrictions: The protestor cannot appeal to the Patent Trial and Appeal Board The examiner’s adverse decision is considered final The protestor cannot petition the Director Given these limitations, a protestor’s primary recourse after an adverse decision would be…
Read MoreWhat are the consequences of a final decision adverse to a patentee in an interference proceeding?
A final decision adverse to a patentee in an interference proceeding can have significant consequences, including the cancellation of patent claims. According to 35 U.S.C. 135 (pre-AIA): “A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims…
Read More