What is the timeframe for patent owner submissions after an Action Closing Prosecution (ACP)?
According to MPEP 2673, the patent owner is given “30 days or one month, whichever is longer, to make the 37 CFR 1.951(a) submission after Action Closing Prosecution (ACP).” If no submission is received after two months from the ACP, the examiner will take up the case for action. The examiner is required to act promptly, as stated in the MPEP: “The case should be acted on promptly, in accordance with the statutory requirement for ‘special dispatch within the Office’ (35 U.S.C. 314(c)).”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2673 - Examiner Consideration Of Submissions After Acp And Further Action,
Patent Law,
Patent Procedure