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 learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1906 - Supervisory Review Of An Examiner'S Decision Adverse To Protestor,
Patent Law,
Patent Procedure