Can a patent owner appeal an Action Closing Prosecution (ACP)?
No, a patent owner cannot appeal an Action Closing Prosecution (ACP) in an inter partes reexamination. The MPEP 2671.02 clearly states:
“Although an Action Closing Prosecution (ACP) has many attributes similar to a ‘final rejection’ made in an ex parte reexamination proceeding or in a non-provisional application, it is not a final action, and, as such, it cannot be appealed from.”
The MPEP further clarifies that an appeal can only be taken after the examiner issues a Right of Appeal Notice (RAN). Specifically, it states: “An appeal can only be taken after the examiner issues a Right of Appeal Notice (RAN). See MPEP § 2673.02.”
This means that while the ACP is a significant step in the reexamination process, it is not the final step, and the patent owner must wait for the RAN before they can file an appeal.
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