What is an Action Closing Prosecution (ACP) in inter partes reexamination?
An Action Closing Prosecution (ACP) is a type of Office action in inter partes reexamination that signifies the examiner’s intention to close prosecution. According to MPEP 2671.01, an ACP is typically issued when:
- The examiner has considered the issues a second or subsequent time
- The examiner has determined the patentability of all claims
However, the MPEP states that “An Office action will not usually close prosecution if it includes a new ground of rejection which was not previously addressed by the patent owner, unless the new ground was necessitated by an amendment.” This is to ensure that the patent owner has a fair opportunity to respond to new rejections.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2671.01 - Examiner Issues Action On Merits That Does Not Close Prosecution,
Patent Law,
Patent Procedure