How are requests for extensions of time after Action Closing Prosecution (ACP) handled?

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.

Requests for extensions of time after Action Closing Prosecution (ACP) in inter partes reexamination are handled with caution, especially when related to submitting affidavits. Key points include:

• Granting an extension does not guarantee acceptance of the affidavit.
• Examiners may question why the affidavit was not presented earlier.
• Insufficient showings may result in denial of affidavit entry.

The MPEP states: “When such a request is filed after an ACP, the granting of the request for extension of time is without prejudice to the right of the examiner to question why the affidavit is now necessary and why it was not earlier presented.“

Additionally, “Affidavits submitted after an ACP are subject to the same treatment as amendments submitted after an ACP.” This approach is similar to handling affidavits submitted after a final rejection in a patent application.