Can a protestor participate in Office proceedings related to their protest?

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 participate in Office proceedings related to their protest. According to MPEP 1901.07, “37 CFR 1.291 does not permit protestor, or any other member of the public, to contact or receive information from the Office as to the disposition or status of the protest, or the application to which it is directed, or to participate in any Office proceedings relating to the protest.” This means that the protestor’s involvement ends with the filing of the protest, and the disposition of the protest becomes an ex parte matter between the Office and the applicant.