Can a protestor petition the Director against an examiner’s adverse decision?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 8 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 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. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Protestor Cannot Appeal Adverse Examiner Decision MPEP 1906 Prohibited Examiner Adverse Decision Final and Non-Petitionable MPEP 1906 Permitted Office Action Not Sent to Protestor MPEP 1901.06 Requirement for Additional Information on Protest Issues MPEP 1901.06 Permitted Review Body Can Include Decision Maker MPEP 1850 Prohibited Inadequate Protest Identification Not Entertained MPEP 1901 Prohibited Insufficient Information for Protest Matching 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? Can a protestor appeal an examiner&#8217;s adverse decision to the Patent Trial and Appeal Board? What options does a protestor have after an adverse examiner decision? What are the limitations on protestor participation in patent examinations? How does 37 CFR 1.501(a) relate to other post-grant proceedings?