What are the limitations on protestor participation in patent examinations?
Protestor participation in patent examinations is subject to significant limitations. According to MPEP § 1906, these restrictions include:
- Inability to appeal an examiner’s adverse decision to the Patent Trial and Appeal Board
- Finality of an examiner’s decision adverse to a protestor
- Prohibition on petitioning the Director against an adverse decision
These limitations are part of the “restricted protestor participation permitted under 37 CFR 1.291(d)” and are designed to maintain the efficiency of the patent examination process while still allowing for limited third-party input.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1906 - Supervisory Review Of An Examiner'S Decision Adverse To Protestor,
Patent Law,
Patent Procedure