What is the purpose of a ‘closing prosecution’ action in patent examination?

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.

A ‘closing prosecution’ action in patent examination serves to finalize the examination process and prepare the application for potential appeal or abandonment. The MPEP 714.12 mentions:

“The examiner should treat such a reply under 37 CFR 1.116 in the same manner as any amendment after final rejection … with a view toward closing prosecution.”

The purpose of closing prosecution is to:

• Ensure all issues have been fully addressed
• Provide a clear record of the examination
• Set the stage for either appeal or abandonment of the application
• Prevent the introduction of new issues that would require reopening prosecution

This action helps maintain efficiency in the patent examination process and provides a definitive endpoint for the current examination phase.