What is the process when a patent owner fails to respond to an Action Closing Prosecution (ACP) in inter partes reexamination?
When a patent owner fails to respond to an Action Closing Prosecution (ACP) in inter partes reexamination, the consequences are different from those of failing to respond to other Office actions. According to MPEP 2666.10:
“A response to an ACP is not required. Where the patent owner does not respond to an ACP, the Office will issue an Right of Appeal Notice (see MPEP § 2673.02) in due course. Accordingly, the consequences of 37 CFR 1.957(b) and (c), do NOT apply to the patent owner’s failure to respond to an ACP.”
This means that the patent owner’s failure to respond to an ACP does not result in immediate termination of the proceedings or limitation of claims. Instead, the USPTO will proceed to issue a Right of Appeal Notice, moving the process forward to the next stage.
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