Can a protestor appeal an examiner’s adverse decision to the Patent Trial and Appeal Board?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 9 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 process. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Protestor Cannot Appeal Adverse Examiner Decision MPEP 1906 Prohibited Examiner Adverse Decision Final and Non-Petitionable MPEP 1906 Permitted Insufficient Information for Protest Matching MPEP 1901 Prohibited Notification Required for Protest and Decision Accompaniment MPEP 1875.02 Recommended Office Action Not Sent to Protestor MPEP 1901.06 Information Required for Protest Matching MPEP 1901 Recommended Review Body Can Include Decision Maker MPEP 1850 Prohibited Inadequate Protest Identification Not Entertained MPEP 1901 Prohibited Petition to Delay Reissue Examination MPEP 1901.04 Recommended Other Related FAQs 5 FAQs Collapse Is an examiner&#8217;s decision adverse to a protestor final? What options does a protestor have after an adverse examiner decision? What are the limitations on protestor participation in patent examinations? Can a protestor petition the Director against an examiner&#8217;s adverse decision? How does 37 CFR 1.501(a) relate to other post-grant proceedings?