What options does a protestor have after an adverse examiner decision?

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.

After an adverse examiner decision, a protestor has very limited options. MPEP § 1906 outlines the following restrictions:

• The protestor cannot appeal to the Patent Trial and Appeal Board
• The examiner’s adverse decision is considered final
• The protestor cannot petition the Director

Given these limitations, a protestor’s primary recourse after an adverse decision would be to monitor the public record for any future developments in the application and consider other legal options outside the USPTO’s administrative procedures if they believe the patent, if granted, would be invalid or unenforceable.