Can a protestor petition the Director against an examiner’s adverse decision?
No, a protestor cannot petition the Director against an examiner’s adverse decision. MPEP § 1906 clearly states that under the restricted protestor participation permitted by 37 CFR 1.291(d), an examiner’s adverse decision “is not petitionable to the Director.” This limitation is part of the overall restrictions on protestor involvement in the patent examination process. To…
Read MoreWhat 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 MoreCan a protestor appeal an examiner’s adverse decision to the Patent Trial and Appeal Board?
No, a protestor cannot appeal an examiner’s adverse decision to the Patent Trial and Appeal Board (PTAB). According to MPEP § 1906, “a protestor cannot appeal to the Patent Trial and Appeal Board from an adverse decision of the examiner.” This limitation is part of the restricted participation allowed for protestors in the patent examination…
Read MoreWhen does an examiner decide to hold an appeal conference?
An examiner decides to hold an appeal conference when they believe the appeal should proceed and an examiner’s answer should be prepared. MPEP 2676 states: “If the examiner reaches the conclusion that the appeal should go forward and an examiner’s answer should be prepared, the examiner will arrange … for an appeal conference to be…
Read MoreIs an examiner’s decision adverse to a protestor final?
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…
Read MoreCan a protestor appeal an examiner’s decision regarding their protest?
No, a protestor cannot appeal an examiner’s decision regarding their protest. The MPEP 1901.07 clearly states: “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.” This means that once a…
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