Can an examiner communicate with a protestor regarding a filed protest?
No, examiners are not permitted to communicate with protestors regarding filed protests. The MPEP 1901.06 clearly states:
“The examiner must not communicate with protestor in any way even if the protest is incomplete or the protestor inquires as to the status of any Office proceedings related to the protest.“
This prohibition applies regardless of the completeness of the protest or any inquiries made by the protestor. Additionally, examiners will not consider later submissions by the protestor unless they comply with 37 CFR 1.291(c)(5). Improper protests may be returned to the protestor or discarded at the option of the Office.
Examiner Must Conduct Normal Examination Despite Protest MPEP 1901.06 Required
Office Reviews Protests Before Recording MPEP 1901.06 Informative
Reissue Application Related to Pending Interference Must Be Referred MPEP 1901.06 Recommended
Minor Compliance Errors Allow Protest Entry MPEP 1901.06 Permitted
Protest With Minor Errors Can Be Entered MPEP 1901.06 Permitted