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…
Read MoreHow are multiple amendments handled after an Action Closing Prosecution (ACP)?
According to MPEP 2673, when multiple amendments are submitted after an Action Closing Prosecution (ACP), only the first amendment will be considered. The MPEP explicitly states: “Where multiple amendments are submitted after the ACP, all amendments except for the first one will be returned without consideration, since they are improper submissions. Thus, if prosecution is…
Read MoreCan amendments be entered after a Right of Appeal Notice (RAN) in inter partes reexamination?
According to MPEP 2673, amendments filed after a Right of Appeal Notice (RAN) in inter partes reexamination are generally not allowed. The MPEP states: “An amendment filed after the RAN will not be entered at all, in the absence of a grantable petition under 37 CFR 1.183 because 37 CFR 1.953(c) prohibits an amendment after…
Read MoreCan a patent owner amend claims after an Action Closing Prosecution (ACP)?
According to MPEP 2673, a patent owner cannot, as a matter of right, amend claims rejected in the ACP, add new claims after an ACP, or reinstate previously canceled claims. The MPEP states: “A showing under 37 CFR 1.116(b) is required and will be evaluated by the examiner for all proposed amendments after the ACP,…
Read MoreHow are affidavits treated after an Action Closing Prosecution (ACP) in inter partes reexamination?
According to MPEP 2673, affidavits submitted after an Action Closing Prosecution (ACP) in inter partes reexamination are treated similarly to amendments submitted after an ACP. The MPEP states: “Affidavits submitted after an ACP are subject to the same treatment as amendments submitted after an ACP. This is analogous to the treatment of affidavits submitted after…
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