Can a patent owner appeal an Action Closing Prosecution (ACP)?

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.

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.