Can patent examiners communicate with protestors?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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, patent examiners are strictly prohibited from communicating with protestors regarding a patent application. The MPEP Section 1907 clearly states:

“The examiner must not communicate in any manner with protestor.”

This prohibition is designed to maintain the objectivity and fairness of the patent examination process. The rule is further supported by 37 CFR 1.291(d), which outlines the regulations concerning protests by the public against pending applications.

Topics: MPEP 1900 - Protest MPEP 1907 - Unauthorized Participation By Protestor Patent Law Patent Procedure
Tags: Protest Examiner Action