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Can a protestor appeal an examiner’s decision regarding their protest?

By russ.krajec@blueironip.com | September 29, 2024

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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