What are the options for patent owners after an Action Closing Prosecution (ACP) in inter partes reexamination?
After an Action Closing Prosecution (ACP) in inter partes reexamination, the patent owner has the following options:
- File written comments limited to the issues raised in the reexamination proceeding
- Present a proposed amendment to the claims
According to MPEP 2672, “The patent owner submission under 37 CFR 1.951(a) of comments and/or proposed amendment must be filed within the time period set for response to the ACP. Normally, the ACP will set a period of 30 days or one month (whichever is longer) from the mailing date of the ACP.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2672 - Patent Owner Comments/Amendment After Acp And Third Party Requester Responsive Comments,
Patent Law,
Patent Procedure